Upgrad LLM

if cop refuses to lodge fir, can she be guilty under law????

Businessman

For a fraud case, I had given a complaint in writing to my local police station. They kept delaying the matter on some pretext or the other and was not converted into an FIR even after several days.

 

I had internet chat records etc. to prove my allegation. The party whom I filed the complaint against was a Delhi based company and its agents where residing in south Delhi. 

 

After I complained to the cyber cell, they asked me to come to head office and file my FIR there. I went to the head office of police station in Noida for filing a fraud case.  I met the SP by giving him the application and he signed it and asked me to meet a lady cop in a different room. 

 

The lady cop at first behaved nicely agreed that I should get my refund and asked me to come after a week or so and she signed and kept my application. I asked for a receiving but she did not give. i went out of the room and thought that there is no option but to come after a week. 

 

Then I got a sudden thought that since I have come so far, I should atleast get an FIR registered. I again entered the cabin of the lady cop and asked her to request some staff to register an FIR as I need to show the copy in the bank and get the address of the agent of the company, so that my lawyer can send them a legal notice. 

 

She rebuked me in a semi-loud voice by shouting at me and saying that, "Deemag garam mat karo mera, FIR jhuth nikli to seedha jail jaaoge" (Do not boil my head, if FIR is found to be false, you will land up in jail). I had no option but to leave the cabin.

 

I later came to know that recently, a new section has been introduced in the Criminal Law Amednment Ordinance, 2013 which had section 166A and states that refusing to lodge an FIR will not just a violation of official duty by the police officer but also a criminal offence on his/her part.

 

MY QUESTION IS:

 

1.) I also read that Delhi Police Commissioner Mr. Neeraj Kumar stated that though it is a duty to register the case, it is also the duty to find whether the allegation is true or not before registering the case. I think that it is a very baseless defence.

 

a.) Perhaps the lady cop also wanted to state that let us find whether your allegation is true or not and then we will register an FIR. However, if they do not have any information, how can they investigate whether my allegation is true or not, and FIR means 'First INFORMATION report'.

b.) It is the police's job to investigate and find out the details. The magistrate of the court decides on the bases of evidence that the allegation is true or not, not the police. If the police says that we will decide whether the allegation is true or not and then register an FIR, then there is no need and a wastage of resources of creating courts, hiring judges and lawyers etc. 

c.) Filing an FIR does not affect the accused's reputation. It is the arrest and summon's to the court and to the police station which affects his/her reputation and therefore, for that purpose sufficient evidence is required, not for registering an FIR. Therefore, there is no reason to provide evidence for registering an FIR as the reputation of the accused is not at stake just by registering an FIR. 

d.) Even if there was any want of evidence, I could have provided them with the internet chat records which was sufficient to prove my allegation. I had also a phone recording. Still, they did not register an FIR even though I had strong technological evidence.

 

So, do you think that the lady cop and the local police officials were guilty under section 166A of Criminal Law Amendment Ordinance of 2013? If no, and if you have the same reason as Mr. Neeraj Kumar, then pls answer those above questions.

 

PLS REPLY IF YOU CAN!

 
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Legal Advisor

Dear Mr. shailesh,

1. You did give in writing the complaint you intended to give and it was accepted by such lady police officer. 

2. you see, such complaints are first entered in the police station general diary. Then the police undertakes the investigation as per the contents made in the complaint. And if upon their investigation they do find that indeed there are merits in your complaint then of course they will then convert such complaint into F.I.R. which then will be recorded an another register.

3. Yes, the lady police officer is right that in case without thier investigation if they record an F.I.R. then in case if it turns out that you have filed a false complaint then the accused will have the option to file a counter complaint against you for having filed a false complaint and such offence is indictable and punishable also. 

4. When the police commences the investigation they are bound to interogate  the named accused and then you will be also summoned to the police station and then your F.i.R. will be filed.

5. The s. 166-A of I.P.C. does exits but then the same has to be filed before the Magistrate  u/s 190 Cr.p.C.

 

 

 

 

 

 

 

 

 

 
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Businessman

@ROHIT SHARMA

 

You should have read the full question and the information before answering my question. 

 

a.) Can you mention the act and the section which states that the police has the duty to first find out the facts and then register the FIR? As a person from legal background, you should have mentioned the act and the clause. 

 

b.) If they have the duty to do so then indirectly they get a baseless right also to reject any complaint just to avoid workload. They might give a baseless and unreasonable excuse that they do not find the facts satisfactory (irrespective of whatever evidence I may have). I had technological evidence to support my allegation.

 

c.) However, they never asked me to show the same to them. They did not question me or ask me for the same information.

Next day, when the Sub-inspector phoned me and asked me to come to meet him, he said that whatever has happened with you has happened, now we will ensure that they will not cheat you anymore. It is like if I chop off one of the arms of the inspector and then ensure him that I would not chop off another, I should be let off. HAHAHA!!! ROFL-LOL!! :D :D

 

d.) The FIR was not filed even after a month and my mentioning that I had chat records of the internet as evidence.

 

e.) Supposing that you get badly beaten up by goons. A doctor will NOT treat you unless a receiving of the complaint or a FIR is filed and a copy of it is shown to the doctor. Would you expect that you should wait for a week without any medical attention but with open cuts, bleeding and fractured legs and hands and broken bones till the police finishes its inquiry to find out whether what you have stated is true or not while the entire week you keep crying, moaning and writhing with pain?

 

I also mentioned that she refused to give me a receiving of the complaint.

 

f.) If the police starts deciding and giving judgements that the allegation is true or false, then it means the courts and judiciary are just a wastage of money and other resources and have been created for no reason. It also means that the lawyers and judges have studied law and spent time and money for no reason. Also, the police becomes a 3-in-1 model which is investigator, debater and judger.

 

g.) It is not the FIR which tarnishes the reputation of the accused. It is the arrest and summon to the police station which affects the accused's reputation. Therefore, why there is a need to collect evidence before registering any formal complaint for which a copy can be given to the complainant when the same investigation can be done after the registration of the complaint and giving the copy of the complaint to the complainant? Can you answer that?

 

h.) It seems that the cop was a lady and that is why you are supporting her. However, I did not know that you are so irrationally perverted as she is old and is above 50 years of age. HAHAHA!! ROFL-LOL!!! :D :D. 

 

i.) A complaint is a complaint whether you file it as an FIR or in a ordinary piece of paper. When there is hardly any difference between the two, then can you explain me with adequate reasons that why the investigation is done before lodging an FIR and not after it? Is it just because that a FIR looks more fancy than a complaint application and that is why baseless investigation is needed before filing an FIR? It is not a publication in a newspaper or a statement to be read out in a news channel that it would be harmful to anyone's reputation. Therefore, what are the reasons for the same? 

 

h.) If the complaint is false, then they can simply ask the court to quash the FIR and lodge a counter complaint against me. 

 

j.) It is better that you do not boast about your knowledge of the law by mentioning another act or section. There are not just two clauses but hundreds and thousands of acts and sections, that does not mean that you start ranting each act and clause to boast your knowledge. It is better that you do not teach me that what they are. Whether the FIR has to be filed with the magistrate or the judge or the doctor it is irrelevant. 

If the same has to be filed with the magistrate, is it also defined in the section that I have to goto the court myself and file the same FIR? If no, then why are you mentioning the same for no genuine reason?

 

BUT SINCE YOU BOASTED ABOUT CRPC SECTION 190, I CHECKED IT ON THE INTERNET AND FOUND THAT:

 

.Cognizance of offences by Magistrates-section-190 of Cr.P.C.

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence -

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a police report of such facts;

(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.

 

NOWHERE, in this entire definition and explanation of this section says that FIR is to be filed with the Magistrate. It is NOWEHERE CLEARLY mentioned that FIR has to be filed with the magistrate. It only states that the Magistrate "may" take cognizance, that's it. It also NOWEHERE CLEARLY mentions that the complainant needs to speak the same what he wrote on the FIR infront of the magistrate so that the FIR can be treated as an evidence. 

 

It seems that you are trying to misuse the sections by misinterpreting them even if they clearly mention something different just like people do for laws and sections made for protecting women. 


Infact, I googled and tried to find that is it necessary for the complainant to immediately speak the same infront of the Magistrate what he wrote in the FIR and I could not find any such act, section or clause.

 

Therefore, how can a FIR be a reliable evidence to hold anyone guilty that he or she filed a false FIR when we all know that police can manufacture any such FIR and force anyone in their custody to sign on any paper or even a blank paper, not just FIR? 

 

k.) It is better that you do not teach me that filing a complaint which is false is punishable or not. I very well know that it is equally punishable as the complaint but I have strong electronic evidence of internet chat records which cannot be self-created for your information. 

 

l.) As far as I know, in November, 2013, the Supreme Court has ordered the police to register an FIR in all cases were cognizable offence has been discovered and for your information, cheating and fraud is a cognizable offence. Are you really from legal background? A layman like me knows more than you about law who claims to have a degree in law. 

 

m.) Had it been a case of a specific woman filing a complaint against me, the police would have not only registered an FIR but also arrested me that too without evidence and on sole bases of the statement by that woman, which even you would have supported that in this case, whether the complaint is false or true is irrelevant and not a bases for arresting you, as you would have perverted thoughts for that woman. 

 

 

n.) If the procedure is that before filing an FIR, an application of complaint is to be submitted for which no photocopy with receiving will be given, then it is quite possible that the police officials may simply tear and throw away the paper which was given as an application for complaint and then claim that they never received such complaint, just to discard their duty and workload.

 

I had no problem if atleast a signed photocopy of it with receiving of the complaint was given instead of the FIR copy, as this would have served the same purpose as the FIR copy would have for the bank and I just needed it so that bank reveals the address of the agent of that company and my lawyer could have sent a legal notice to her in that address. FIR just looks fancy than the ordinary complaint so there was no genuine reason for me to get the same if a copy of the complaint was given with receiving. However, I did not even get the attested photocopy of the complaint too and since you never mentioned that they should have done so, you are impliedly supporting the fact that this was right. Therefore you never thought that it is possible that they may most probably simply tear it and throw away and then claim that I never made any such complaint if I do not have a photocopy of it with their receiving. 

 

Therefore, how can you say that they have the right to receive a complaint but not give any receipt of it before filing a FIR? In this way they will keep tearing and throwing away complaints claiming that they never received any complaint to avoid any duty. 

 

If they were bound to give me a acknowledged and signed photocopy of the complaint for which they did not give, then would it not equally amount to IPC 166A that they knowingly disobeyed law?  THIS IS IN ITSELF A CRIME BY NOT GIVING ME AN ATTESTED PHOTOCOPY WHICH THEY SHOULD HAVE AS PER LAW. 

I am sure that the court never wanted this to happen and the law makers are not that foolish that they do not even mention that it is mandatory for the police official to give a receiving of the complaint as even a stupid person would ask for a receipt if he gives a loan of even Rs. 500/- to anyone.

 

o.) If they have to file a complaint and find out the facts that whether a complaint is true and then IF IT is found out to be false, warn the complainant that filing a false FIR is punishable under law, don't you think that it is easier, saves time, money and other resources to just warn while filing a FIR that if you file a false FIR against anyone then it maybe equally or even more harshly punishable as the allegation you are making? Or isn't it more economical in terms of all resources to simply write it boldly on top of the FIR paper that filing wrong FIR is punishable under law? 

 

p.) The Judges of the court have directed LONG AGO that statements given to the police officials do not account as evidence for the court. It is because the Police can manufacture any such statement and manipulate the FIR or even force anyone to sign a FIR irrespective of whatever is written in the FIR. So, how can anyone be guilty for filing a wrong FIR which he or she may not have alleged against the accused? You have never thought of the reason that the power to prosecute people filing false complaints maybe misused against common man. 

 

Supposing that the lady conned Rs. 20,000/- from you on 1st October, 2014 and you file a complaint against her in the police station. Police officials may force you to change the complaint and write Rs. 1 crore instead of Rs. 20,000/- at a different date and time, say 2nd October, 2013.

You claim that you do not even earn this much and the date and time is wrong but since you are in their custody, you are forced to sign the manipulated complaint. They do so for the reason that your allegation is easily proved false which could not be proved false if you would have been claiming what you claimed before and therefore they force you to change the date and time i.e. 2nd October and not 1st October which is a working day in the complaint paper, the lady may not have evidences for being elsewhere in 1st October but has an alibi and evidences or witnesses that she was elsewhere and not in office as it was a holiday on 2nd October (Gandhi jayanti) and also the amount from Rs. 20,000/- to Rs. 1 crore so that it is also claimed that you do not even earn that much that she can con it from you and therefore it is not possible for her to con you and hence your complaint is false, so that she can get away with it and police officials may not be burdened with any duty.

 

Therefore, even if the complaint is not false, police has the authority and the power to MAKE IT false by adding made up stories and manipulating facts. 


Therefore, police can get this as a legal weapon to frighten people that if they file complaint, police officials will manipulate the complaint or force them to sign a different complaint which is entirely false and which police can easily claim it to be false and then police can baselessly arrest them, so that nobody or lesser number of people file complaint with the police. 

 

So, do you mean to say that police has the authority to arrest you just like in a dowry case without any evidence?

 

You are saying that police can arrest you by first forcing you to sign in a blank paper and then writing a made up Bollywood movie scripttttt on that paper and then easily claim that whatever is written in that paper is all false, which is actually written by them and not you. 


Moreover, police officials may misuse this law of prosecution for filing wrong complaints to the police for settling personal scores by forcefully making people sign a complaint which they never intend to file against any person or even against the police officials themselves, mentioning made up stories and incidents which they can easily prove it to be false, and thereby alleging that the complaint was false and hence get anyone arrested without any evidence. However, since they need not prove that the complaint filed by them was not coerced also by the police officials themselves other than the complaint being false, it can be easily misused by the police officials. 


When the court itself does not accept FIRs and statements given to the police as evidence as they can be manufactured or manipulated by the police officials, how can anyone be held guilty for just complaints to the police, even if it is false? Can you give reasons for that?


DO YOU EXPECT THAT THE POLICE NOW HAS THE POWER AND AUTHORITY TO ARREST ME FOR A MANIPULATED COMPLAINT BY THEM? IF THAT BE THE CASE, THEN THE POLICE WILL GET A BASELESS RIGHT TO REJECT ANY COMPLAINT EVEN IF THEY ARE TRUE. 

 
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Director

Respected Sirs.

The below mentioned citation of 5 judge bench may be helpful :

Equivalent Citation: 2013(13)SCALE559, 2013(4)BomCR(Cri)680,2013(6)CTC353,2013(4)MLJ(Crl)579,2013(4)RCR(Criminal)979

IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) No. 68 of 2008, Contempt Petition (C) No. D26722 of 2008 in Writ Petition (Criminal) No. 68 of 2008, S.L.P. (Crl.) No. 5986 of 2006, S.L.P. (Crl.) No. 5200 of 2009, Criminal Appeal No. 1410 of 2011 and Criminal Appeal No. 1267 of 2007 (Under Article 32 of the Constitution of India)

Decided On: 12.11.2013

Appellants: Lalita Kumari
Vs.
Respondent: Govt. of U.P. and Ors.

Hon'ble Judges/Coram:
P. Sathasivam, C.J.I., Balbir Singh Chauhan, Ranjana Prakash Desai, Ranjan Gogoi and Sharad Arvind Bobde, JJ.

 
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Businessman

@Madhu Mittal

 

What do you exactly want to say? I am a layman so pls just speak about the conclusions and in simple terms. Pls just tell me that what was the decision made and a judgement was given in your quoted case of Ms. Lalita Kumari vs Govt of UP and what relevance it has to my case of not filing an FIR?

 
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Director

Conclusion/Directions:

111. In view of the aforesaid discussion, we hold: (i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. (ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. (iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. (iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. (v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. (vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. (vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry. (viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above. 112. With the above directions, we dispose of the reference made to us. List all the matters before the appropriate Bench for disposal on merits.

 
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Businessman

@ROHIT SHARMA

 

You could not counter my reasons given with debating. This proves that you do not know how to debate and the reasons given for supporting that lady is baseless. 

 

You chose not to reply back again which proves that you are irrationally foolish and a coward. 

 

I questioned that why have I not got the copy of the complaint which I gave to them as proof and you did not even consider the stupidity from your side that they can simply tear and throw away the application which I gave as a complaint and then easily claim that I did not give any complaint as I do not have a copy of it.

 

You may choose to not to reply, but you cannot stop many people, men and women of all different ages, who are looking at this forum to laugh at your irrationality, foolishness and cowardice. HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!! ROFL-LOL!!! :D :D :D :D :D.


@Madhu Mittal

 

They did not supply me even a certified copy of the complaint which I gave them. Were they legally bound to give me that? I think that they should do so because if I have the certified copy of it then I can prove that I had given the complaint to them and if they are not legally bound to do so then they can simply tear and throw away the complaint and later claim that I did not give any complaint to them. 

 

Pls reply if you can.

 
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Director

Respected Shaileshji, businessman,

First of all, I do not agree  the words used for Sh Rohit Sharma. for your query see at:http://www.lawyersclubindia.com/forum/Copy-of-the-FIR-to-the-accused-110503.asp#.VDu33WeSxr0

 
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