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user100   27 October 2017

Police refusing to give copy of 498a FIR

Wife filed 498a case in woman PS on all family members including terminally ill father. Police is refusing to give copy of FIR. Could you please advise formal process ( letter or application)to apply for copy of FIR in the PS. Looking for formal proof so that we can escalate to SP / DGP or reach out to media. Many thanks


 9 Replies

manoj   27 October 2017

FIR can be obtained from consent court by applying Certified Copy. 




sulemank   27 October 2017

Please use RTI Application

also go to local court and get FIR Copy in Rs 500

Advocate/CS Sanjeev Kataria ( Advocate)     28 October 2017

The police is bound to give a copy of the FIR, you may get it at the time of recording of 161 statment, meanwhile you can arrange for anticipatory bail . police is also required to follow the procedure of section 41 Cr PC

Mahadev   28 October 2017

1. Contact a advocate and he will get the FIR copy for you.

2. Online search for your state police website and over there you will get the concerned distrcit SP office number and email ID. Immediately reach out to them.See if your state police website also has option to lodge grievance online to DG/IG. Please use it.

3. In the state Police website, you should find a link to download FIR copyby giving your details. please use it.

4. The police have been bribed to their gills and hence the reason not to give you the FIR copy free of cost as they want to later arrest you so that you cannot applyfor anticipatory bail but don't worry your advocate will handle for you provided her is a good one and is not hand in glove with Police.

I would suggest use point 2 and 3 quickly and if it does not work out then reach out to an advocate to help you out. Knowing how Police is behaving in your case for few days until your anticipatory bail application is filed and order not passed, try shifting to a different place for this period so that police cannot anyway come near you.



5. Use SC Judgment of July 2017 and tell police to recommend case to District family welfare committe. Tell Police to give you a copy of FIR immediately and if not tell them you will appeal to higher ups.Please do not panic and while talking to police be genuine and confident and don't be scared.

user100   29 October 2017

Dear Mahadev, Many thanks for the detailed information.

user100   29 October 2017

Dear Mahadev, Many thanks for the detailed information.

Nitish Banka (lawyer)     01 February 2018

Posted by: nitish788  Categories: Uncategorized 


online FIR in Delhi –

How to file

Online FIR in Delhi can be lodged if you have lost mobile phone.wallet or any documents. The Delhi police has an online portal https://www.delhipolice.nic.in/ on which by just entering basic information you may lodge a Missing Lost articles and NCR report without visiting police station.

Online FIR in Delhi

What is NCR report?

NCR report is non cogniziable report which can be lodged for non-cogniziable offences as mentioned in Indian penal code.

Non Cognizable offence

  • A non-cognizable offence has been defined in Criminal Procedure Code as follows, “`non-cognizable offence’ means an offence for which, and `non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant”.
  • Non-Cognizable offenses are those which are not much serious in nature. Example- Assault, Cheating, Forgery, Defamation.


  • Section 155 of CrPc provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate.


  • Under a Non-Cognizable offense/case, in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.

Here are some Non Cogniziable offences include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc.

Read more at: https://www.lawyersclubindia.com/forum/What-is-meant-by-cognizable-offence-Non-cognizable-offence-5849.asp

Purpose of the Online FIR Portal

Information you need to provide for successful reporting:

1) Name

2) Father’s / Mother’s Name

3) Address

4) Mobile Number (Not Mandatory)

5) E-mail ID

6) Place, Date & Time (if known) of Loss

7) Descripttion of Lost Articles (Can add upto 10 items in one report)

Please Remember:
This portal is not for registering FIR but only NCR that means it is simply an information for record and to facilitate you to get duplicate documents issued.

Police is not going to take any action or try to search for your loss items or documents after this reporting. If you want Police to trace your lost items etc,

please contact your nearest Police Station. List of Contact Details of Police Stations in Delhi.

Please do not use this option if loss is due to theft or some other crime.

Adv. Nitish Banka



Nitish Banka (lawyer)     22 March 2018

Posted by: nitish788  Categories: Criminal Law 


How to take help of police when there is no FIR?

Police plays a vital role in collection of evidence and facts which is heart and soul for a criminal case. The main role of police in criminal case is Search, Seizure and interrogation. It is widely believed that the role of police starts after the registration of FIR which is under 154 of Cr PC or when magistrate  directs the registration of  FIR and investigation under 156(3). but will happen if your 156(3) is also dismissed and no FIR is registered in your case. The answer is complaint under 200CrPC.

Brief about 200 CrPC

The provisions of 200 CrPC are of different nature and is made for people who can prove their own case without the intervention of police that means there is no requirement of search and siezure in the case and complainant has material to prove a criminal case. Generally offences like cheating, forgery, criminal breach of trust  are good cases to come within the ambit of S. 200 Crpc.


Role of police in 200 CrPC

The role of police in 200 CrPC is defined under 202 CrPC

 If an investigation under sub- section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer- in- charge of a police station except the power to arrest without warrant.

The role of police is limited when it comes to inquiry under 202 Crpc and magistrate has to record reasons before initiating such inquire and specifying the scope of inquiry.

Judgments on role of police in 200Crpc

In Kewal Krishan vs Suraj Bhan and another AIR 1980 SC 1780 “Further, the inquiry under Section 202 is of a limited nature. Firstly, to find out whether there is a prima facie case for issuing process against the person accused of the offence in the complaint and secondly, to prevent the issue of process in the complaint which is either false or vexatious or intended only to harass such a person. At that stage, the evidence is not to be meticulously appreciated, as the limited purpose is to find out “whether or not there is sufficient ground for proceeding against the accused”. The standard to be adopted by the Magistrate in scrutinising the evidence is also not the same as the one which is to be kept in view at the stage of framing charges. At the stage of inquiry under Section 202CrPC the accused has no right to intervene and it is the duty of the Magistrate while making an inquiry to elicit all facts not merely with a view to protect the interests of an absent accused person, but also with a view to bring to book a person or persons against whom grave allegations are made.”

 In Kewal Krishan vs Suraj Bhan and another AIR 1980 SC 1780, to the effect that the standard to be adopted by the judicial Magistrate in scrutinizing the evidence is not the same as at the stage of framing charges. At the stage of Section 204 Cr.P.C., if there is prima facie evidence in support of the allegations in the complaint, that would be sufficient ground for issuing process to the accused. Standard of the said evidence so collected to sufficient grounds for proceeding further is lower than the one to be adopted at the stage of framing charges. It is always open to the Magistrate to weigh the probability and prima facie truthfulness of the evidence produced at the preliminary stage and to form an opinion that no ground exists for proceeding against the accused by passing a speaking order. Wide discretionary power has been conferred u/s 202(1) Cr.P.C. to postpone the issue of process and to either hold an inquiry himself or to direct an investigation to be made by the police officer as he thinks fit, for Cr.Misc. 54913 M of 2007 – 20-

the purpose of deciding whether or not there is sufficient ground for proceeding. When a statute gives wide discretionary power to an authority or Court to adopt any one of the procedures prescribed under law, it becomes mandatory for the said authority for recording reasons for exercising the power even if the statute does not expressly enjoin upon the said authority to do so. It goes without saying that the reasonableness of the exercise of discretion can be decided keeping in view the object, which the statute seeks to achieve while granting discretion.

Magistrate to apply judicial Mind

In Ranjit Puri and others vs Uggar Sain1974 Crl.L.J. 1229, an order passed by the Magistrate, not recording reasons for postponing the issue of process and directing the police investigation was set aside by the our High Court. The order directing the police to investigate the matter, after preliminary investigation and the order of issuing process without proper application of judicial mind, was held to be bad.


The police does not have unfettered powers of investigation in 202 unlike 156(3) but still police can get involved in cases pertaining to  200 crpc but for a limited purpose.


By Adv. Nitish Banka

Practicing Advocate in Supreme Court of India



Nitish Banka (lawyer)     24 April 2018

Posted by: Nitish Banka  Categories: Criminal Law 


What to do when IO calls in 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the  other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Image result for 498a

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation  process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…



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