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karan (student)     25 July 2010

FIR about threat to life

sir/maam
my friend is recieving threats from her employer that he would kill her n her family.In this regard she visited SSP's office n gave written complaint.The police told her that her letter number is 2170 so she has to wait. is it true? or can she file FIR in the police station herself?
how long do she have to wait? wats its procedure?
 



Learning

 4 Replies

ankush srivastava (advocate)     26 July 2010

she may file complaint directly to the police station concerned. if police does nt record f.i.r. n register a case, she may file an application under section 156(3) Cr.P.C in the court of magistrate concerned taking help of an advocate.

(Guest)

Que. 1. How did she receive such threat - by email / by verbal / by letter / by phone / by sms ?

1 a: After submitting such life and limb threat a request to lodge FIR in jurisdiction PS the police is duty bound to act within 48 Hrs.

1b.: If not then she can directly file a Complaint before ACMM Court  U/s 156 (3) CrPC. Now here the ans. to above que. comes handy that is why I asked it because the procedure before ACMM will be 90% direct for  call for police action taken report (which as per SC Law is not required but ACMM normally do that) or 10% times Application of Mind by Hon'ble Judge (if Basu Judgment is handy it could be plead) .

1c: Now if police report says nothing cognisiable found then it will be converted into S. 200 CrPC if your friends side can remove bar of S. 195 and then it will go into complainant staement recording followed by witness statements needs to be recorded as per witness list provided by her under such section and based on her Statement and value of witness statements cognizance may be taken which all depends on abv. que. 1 answer.

Ld. members may correct me to above procedure as per title subject.

Rgds. 

Alapati Prasad (Engineer-Business-Lawyer)     06 September 2010

Mr. Karan,

Ad Ankush and Mr. Arun both have answered correctly.  Further there must be sufficient proof for receiving threat. If it is email, letter, cell phone conversation or by sms, the matter will have documentary evidence. For verbal threat sufficient witness shall be there orelse, it is not easy to prove

.Please do not erase the email in the computer and cell phone conversation and sms in the cellphone. Take the print out of the email and sms and transfer the conversation of cell phone on to the CD and prepare the conversation write up as in the conversation and submit them with a complaint to the Police to lodge complaint.  If police do not file FIR then proceed through court under the guidance of an Advocate.

If ur friend do not have sufficient witnesses, who will come to the court , it is better not to proceed with the case either with the police or through court. 
 

Nitish Banka (lawyer)     01 February 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

online FIR in Delhi –

How to file

Online FIR in Delhi can be lodged if you have lost mobile phone.wallet or any documents. The Delhi police has an online portal https://www.delhipolice.nic.in/ on which by just entering basic information you may lodge a Missing Lost articles and NCR report without visiting police station.

Online FIR in Delhi

What is NCR report?

NCR report is non cogniziable report which can be lodged for non-cogniziable offences as mentioned in Indian penal code.

Non Cognizable offence

  • A non-cognizable offence has been defined in Criminal Procedure Code as follows, “`non-cognizable offence’ means an offence for which, and `non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant”.
  • Non-Cognizable offenses are those which are not much serious in nature. Example- Assault, Cheating, Forgery, Defamation.

 

  • Section 155 of CrPc provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate.

 

  • Under a Non-Cognizable offense/case, in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.

Here are some Non Cogniziable offences include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc.

Read more at: https://www.lawyersclubindia.com/forum/What-is-meant-by-cognizable-offence-Non-cognizable-offence-5849.asp

Purpose of the Online FIR Portal

Information you need to provide for successful reporting:

1) Name

2) Father’s / Mother’s Name

3) Address

4) Mobile Number (Not Mandatory)

5) E-mail ID

6) Place, Date & Time (if known) of Loss

7) Descripttion of Lost Articles (Can add upto 10 items in one report)

Please Remember:
This portal is not for registering FIR but only NCR that means it is simply an information for record and to facilitate you to get duplicate documents issued.

Police is not going to take any action or try to search for your loss items or documents after this reporting. If you want Police to trace your lost items etc,

please contact your nearest Police Station. List of Contact Details of Police Stations in Delhi.

Please do not use this option if loss is due to theft or some other crime.

Adv. Nitish Banka

9891549997

Lexspeak.in 


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