FIR

 

Arvind - It is always the victim who lodges FIR. The question is whether he himself can record it.

I think nothing prevents him from recording his own first information. However he cannot investigate the said FIR, he himself being the complainant. On this aspect I know of two citations which if you require I can furnish tomorrow when I go to my office.

 
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legal advisor

i think u can defend ur client by citing the maxim no one can be judge in his own case so thus lekhpal cant arrest ur client and if such lekhpal does so there can be case against him u can claim compensation from him. regarding citation i dont have any its what my conscience allow me at this point of time.

 
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Police Officer

In this case the victim can register FIR and investigate the case by himself.

 

In many of the FIRs registered at Police Station, the complainant will be SHO and he himself investigates and chargesheets it.

 

Please give some citation against this practice.

 

 

 
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Feroze - Citation against the practice

It has been held in 1988 Cri.L.J. Page 3182 of Kerala High Court that a person being the complainant cannot be an investigating officer throughout. This has caused incurable infirmity in the prosecution case and it is against the proposition of law. 

The same proposition of law has also been held in the case of AIR 1995 Supreme Court 2339.


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Publishers

Question would be whether merely conferring some powers do not make Revenue officer a POLICE OFFICER. Whether the information recorded in his register constitute a FIRST INFORMATION REPORT as per Section 154 of Cr.P.C..  In my opinion answer would be "NO"

The important attribute of police power is not only the power to investigate into the commission of cognizable offence but also the power to prosecute the offender by filing a report or a charge-sheet under Section 173 of the Code. That is why this court has since the decision in Badku Joti Savant (A.I.R. 1966 S.C. 1746) accepted the ratio that unless an officer is invested under any special law with the powers of investigation under the Code, including the power to submit a report under Section 173, he cannot be described to be a Police Officer.


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Publishers

Similar are case in Maharashtra where Police Patils are appointed at villages conferring some powers of police but they are not police officers.

 
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