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N.K.Assumi (Advocate)     23 November 2009

Counter foils of FIR and main FIR in the Court does not Tall

Dear All, In a very strange Criminal case, Counterfoils of the FIR which are kept in the Police station and the main FIR copy which are routed through various hands from PI court to crime branch and after proper verification by Superintendent of police or other Senior Police Officers the documents reached the court. In the court case files are taken out for bail matters and after hearing the files are send back to PI from where it again comes up to the Court, and are send to the high Court for bail and other matters and after that it comes back o the original court. After six months of such exercises, the accused counsel says that the edges of the counterfoils kept in the police station does not match with the edges of the FIR copy in the court and says that the FIR copy is a forged FIR or a duplicate FIR and not the original FIR. Can it be justified that FIR copy which moves like a transport bus should be same with the counterfoils kept in the Police station?



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 5 Replies

vj (advocate)     23 November 2009

 which police station and which state ??

N.K.Assumi (Advocate)     23 November 2009

Same incidents happened in Kottaiyur village under Kolathur Police Station, Tamil Nadu. Though its not that necesary for the answer to the above question.

Feroz M Shafeeque (Police Officer)     23 November 2009

I don't know the relevance of the argument of the defence counsel. Is there any sanctity to the copy of FIR kept at Police Station for investigation purpose. When FIR books are scarce it is common for SHOs to keep the photostat copies of original FIR in Police Stations to save the forms.

 

If there is difference in the copy of FIR given to the accused and the original sent to court, the defence lawyer has some point in raising the allegation of forgery.

 

I wonder how the defence got the copy of FIR usually kept as part of the CD file with prosecutor for comaprison with the original FIR.

 

I have seen copies of FIR in some cases kept intact with the help of cellophane tapes as if laminated after transit through scores of offices.

N.K.Assumi (Advocate)     24 November 2009

See, it is something like my village case. An old woman bought a Nirma Soap, and after using for two months the lines on the Nirma soap disappeared, and when her neighbor brought the same Nirma soap from the town, she compared her Nirma Soap with her friend’s Nirma soap, and on discovering the difference, she went to town to the shop and complained that her Nirma soap is not the same Nirma soap and asked for change of her Nirma soap. The documents is same the authors of the documents is not disputed, only the difference in the edges of the counterfoils and the main body of the paper is not the same. Should the court allow such grounds to be taken as a duplicate documents?

Anil Agrawal (Retired)     24 November 2009

 You have not made any great discovery. Manipulation of record in courts and government office is like the oldest profession.


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