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Rajiv (none)     15 April 2014

Investigation police do before registering fir u/s 394

Police has registered a FIR U/S 279 and 394. My questions in this regards are:-

1. Does 394 is applicable alongwith 279. 

2. What investigation do police needs to do before registering the case u/s 394

3. Is there need to take approval from higher officials before registering the case u/s 394

4. Can such FIR be registered without taking witness from people on the spot

5. In this case the 100 PCR was called @ 10 PM and the FIR got registered at 12:40 am, within 2:40 hrs time from the time of making call to 100 PCR. And the complainant was taken to hospital for MLC.

6. I have small snippet of FIR which contains the story upon which 279 and 394 has been imposed. Do now Police has power to withdraw 394. 

7. How to proceed further because the SI involved in this case is asking bribe to close the FIR.



Learning

 4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     15 April 2014

sir,

there is no difficulty to apply 394 alongwith 279.

There is no necessity to take approval from higher officials, if already FIR is registered, the police has to investigate the matter. If you are on accuse side then go for Quashing of FIR before the Delhi High court...

Rajiv (none)     16 April 2014

Thanks for ur reply. Also want to check the statement highlighted in red does not show that person is voluntarily or planned to cause hurt, because here the other person is stopping the guy who is trying to escape from the place and he stopped due to obstruction from other car.

Mahesh R. Sonawane (Lawyer/Fight for justice)     16 April 2014

Go for quashing of FIR...if you r on accuse side.. if you are from complainant side then, press for investigation, help the police to collect evidence against the accuse...

Rajiv (none)     26 April 2014

Thanks for the reply Mahesh, we are from accused side. It is possible that we can file both together FIR quashing and anticipatory bail. I have also heard recently that recently some judgement has been passed wherein 394 cannot be quashed? do you have any judgement of Delhi high court or supreme court where such FIR are quashed.


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