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.