Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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AMIT (-)     16 May 2013

Non cognizable complaint

Very recently, I lodged a non-cgnizable offence complaint at a police station. 

Being a non-cognizable complaint. FIR can not be registered. However, the officer took our application/complaint and made some notings on said the N C offence was recorded.

Now, as per the CRPC, this NC compaint has to go to a magistrate. I want to know the following.

1:- in what time frame, the NC complaint has be forwarded to magistrate? I understand it is not mentioned in CRPC section 155.  Pl. enlighten on this

2:- How can I know WHETHER it has been actually forwarded or not?

3:- Can/should  police do any preliminary investigation before the NC complaint is forwarded to magistrate?

3:- Once the complaint has been forwarded,  and investigation has started, Is it possible to know about the updates on the investigation?

Pl. guide me abt the above doubts. if possible, point-wise and with relevent section numbers of CRPC 

 

 



Learning

 10 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     16 May 2013

Dear Amit, Please mention the clear facts, why you have lodged a complaint. As you said you lodged N C complaint. Police doesn't take any action on N C complaint and it is not send to magistrate. Police take action on cognizable offences, where investigation is required. In Indian penal code there are so many sections which are non cognizable.Better be specific in facts, so that proper advuse would be given. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

AMIT (-)     16 May 2013

Dear Bhasin Sir,

The complaint is recorded by police under section 504.

If police does not take action without the order of the magistrate, and if the complaint is not sent to a magistratrate, then what happens to the complaint?

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     16 May 2013

Dear Amit,

Now your complaint is recorded as N.C., you should have taken the advice of advocate in this regard. Your FIR must have been lodged. Police does not want to increase crime rate that's the reason they turn most crime into non-cognizable. in present scenario you have to approach the magistrate court, file complaint against accused persons and get accused persons summoned. You can also place reliance of the complaint which the have recieved. This is bailable case and accused will scot free at the time of arrest. This is preventive measure sections. 

Get the complaint properly drafted from advocate, who practise on criminal side and file before the magistrate. you have no other options left.

Rajiv Bhasin 

Advocate

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

AMIT (-)     17 May 2013

Dear Bhasin sir,

Your answer does not seem to be proper.

As I understand, offences are classified as either Cognizable (direct action by police) or NC (action only after the order of the magistrate) as per IPC.

If the offence in question is classifiable as NC, then FIR is not issuable as per CRPC. However, though the offence is NC, it does NOT mean the offender will go scotfree. The police, after recording the NC offence in their diary, IS supposed to report it to magistrate which is same as complaint to magistrate (Pl. refer to CRPC for clarity). (But I do not know within what period) . Bail matter is not really important. Bail is actually the practice (norm) rather than an exception.

I do not think I have made any mistake by having made my NC complaint recorded at a police station. There is no question of FIR. It is equal to complaint to magistrate directly. Because that is what Police will have to do.

I thank you for your answers but I think  you need to read the CRPC thoroughly before giving quality advice. It appears your practice is more on the civil side.

Inspite of knowledge as above, I do not know what I originally asked in my question topic. And, I still want to know the answers from the experts.   

 

AMIT (-)     17 May 2013

Dear Bhasin sir,

Your answer does not seem to be proper.

As I understand, offences are classified as either Cognizable (direct action by police) or NC (action only after the order of the magistrate) as per IPC.

If the offence in question is classifiable as NC, then FIR is not issuable as per CRPC. However, though the offence is NC, it does NOT mean the offender will go scotfree. The police, after recording the NC offence in their diary, IS supposed to report it to magistrate which is same as complaint to magistrate (Pl. refer to CRPC for clarity). (But I do not know within what period) . Bail matter is not really important. Bail is actually the practice (norm) rather than an exception.

I do not think I have made any mistake by having made my NC complaint recorded at a police station. There is no question of FIR. It is equal to complaint to magistrate directly. Because that is what Police will have to do.

I thank you for your answers but I think  you need to read the CRPC thoroughly before giving quality advice. It appears your practice is more on the civil side.

Inspite of my knowledge as above, it is very, very limited I still want to know answers to my what I originally asked in my question topic. And, want to know the answers from the experts with legal and practical knowledge.   

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     17 May 2013

Dear Amit,

I think i have a little knowledge before you despite practice of about 17 Years. If you are referring to Cr.P.C. then better read it your self instead of asking. However i have not seen non-cognizable report coming to magistrate during my practise years. 

Thank you very much for your appreciation.

Rajiv Bhasin 

Advocate

AMIT (-)     18 May 2013

Dear bhasin sir, I checked out sec 155 of CRPC and many other related sites and found out that there is no compulsion for police to send report the NC to magistrate. So, I was completely wrong and u had given the correct advice. Now though I feel ashamed at my comments, I want to make up to you by apologising for the inappropriateness and thoughtlessness of my comments.

Now I will use ur advice and file a complaint with the magistrate which is the correct action to be taken. I will get my complaint properly drafted as per your suggestion. I want to thankfully acknowledge ur helpful suggestion.

Delayed thx for your help and sorry for hurting u sir. This inappropriateness will not be repeated with you or any person who answers my question whether I agree with the answes or not.  A lession has been learnt. 

 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     20 May 2013

Dear Amit,

No hard feelings, You can contact me any time for help on my email id or mobile.

 

 

Rajiv Bhasin 

Advocate

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

AMIT (-)     20 May 2013

Many thanks Sir.

Harsh Sharma   07 September 2017

hi, I file a non cognizable complaint with the police against the use of loud speaker but they did nothing.then I even get in touch with Magistrate collector p.narhari on Facebook and told him that people are using loud speaker in our area and I made a complaint with the police as well but they did nothing. Still he only said no no u go make a complaint with the police they will stop. Anyway how should I draft a complaint with the use of lawyer or can't I do it by myself as no advocate will do it for free and why should I invest my own personal money for such an offence.

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