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Manish sullere   12 October 2021

FIR filling process

Dear sir
I have a query about property dispute between two party that to Ragister a FIR one witness is mandatory or not if I am not having any witness due to some politics in the case can police refuse to ragister a FIR.what is our Indian law says about this matter.


 5 Replies

Kevin Moses Paul   12 October 2021

As per your concern let me inform you that an FIR is the document that initiates criminal proceedings to punish the guilty.
Henceforth, an FIR is necessary in order to claim the insurance or even protect oneself from any liability arising from the misuse of your property.

According to the law, an FIR can be lodged by any person who has the knowledge of the commission of a cognizable offence.
Basically, this power extends to the victim, a witness and any person who knows of the commission of an offence, who can even be a police officer himself/herself.

There is no such bar mentioned that a witness is required for registering an FIR, and thus, police cannot refuse to register your FIR on such grounds.
However, in case the police refuses to register an FIR, a written complaint can be sent to the Superintendent of Police. Moreover, a complaint may also be given directly to the Judicial Magistrate, who can direct the police to investigate the case.

Upon refusal to register an FIR a person could directly complaint the matter to a Magistrate who has competent jurisdiction over the matter in accordance to the section 200 of the Code of Criminal Procedure (CrPC), 1973.

The Section 200 of CrPC deals with "Examination of complainant".
It states that — A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate.

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192.

Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re- examine them.

Hope It Helps!

Regards,
Kevin M. Paul

G.L.N. Prasad (Retired employee.)     12 October 2021

The duty of the complainant is to state facts with such place, date, and time and it is left to registering authority to investigate the issue and find the evidence, witness, and file a charge sheet.  The complainant can only report about a murder, and there is no necessity for him to state the names of witnesses or the names of murderers which is not known to him, and the police must only look into the crime alone for registering a complaint and give a copy of FIR.

P. Venu (Advocate)     12 October 2021

No FIR could be lodged as regard to a dispute about property.

Dr J C Vashista (Lawyer)     12 October 2021

FIR for a cognizable offence shall have to be lodged by police in the absence of a witness. However, if police refused, after approaching higher officers, move a complaint u/s 156 (3) Cr PC through a local prudent lawyer.

minakshi bindhani   13 October 2021

As per your concerns!

To lodge an FIR against any person, it is not required to have a witness to prove the facts of the case. However, during the investigation, the police required witnesses to secure ends of Justice.
According to section 154 Crpc, an FIR can be given orally or in writing to a police officer. If given orally, then it must be brought down to writing by the officer in charge of the police station. It must be signed by the informant, and a copy of FIR must be served to the same free of cost.

When you approach the Police station to get your FIR registered and are refused, you can send a written complaint to the Superintendent of Police. A complaint can also be made to the Judicial Magistrate under section 200 CrPC to investigate the case.
Hope it is useful!
Regards
Minakshi Bindhani

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