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fir and arrest by polixce in non cognizable offence


This question is related to one  recently saw in the Forum and strangely i havent been able to find much information on it ..

 

If Police file an FIR for offences which are non cognizable in nature, without any complaints to or directions of the court, then what is the status of the FIR??

What remedies does the aggreived party has??

 

 
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barrister

In non-cognizable offences, the police can register FIR, when there is a direction given by the magistrate. 

But in case the police officer himself has witnessed the offence, he can approach the magistrate to get an order to enable him to register an FIR on the basis of his own complaint. 

I am not very sure on this point and ld. members of the bar will be able to give out a clear picture...

 
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barrister

In non-cognizable offences, the police can register FIR, when there is a direction given by the magistrate. 

But in case the police officer himself has witnessed the offence, he can approach the magistrate to get an order to enable him to register an FIR on the basis of his own complaint. 

I am not very sure on this point and ld. members of the bar will be able to give out a clear picture...

 
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Thnx cyberlawyer..

 

My question is that if the Police Registers the FIR in a non cognizable case, without any directions from the Magistrate/Judge.. He registers an FIR and arrests an individual, and it turns our later that the offences are non cognizable, then what is the status of the FIR?? what action will/can be taken against the erring official??

Assumption is that the alleged crime has not occurred in front of any witness..

 
Reply   
 

Hello

 

The registration of fir in the non cognizable offenses is not barred as per section 155(1) of crpc. However the police is barred to investigate the offence without orders of the magistrate sec 155(2) crpc.

 

If police are investigating without previous permissions of court then there are variety of courses available. You can file petition under section 482 crpc for quashing of fir and investigation. Else you can file discharge application after dining l filing of charge sheet before the magistrate.

 

Regards

Manish


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