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Chetan (Advocate)     02 November 2008


My client lodges the report and the police registered the offence u/s 143,147,448,342,427 & 506 IPC there were 5 accused.

It is found that all the 04 accused were arrested except one. (the said acused doesn't get anticipatory).

One thing found in FIR the police does not mentioned section 34 in FIR

.......under such circumstances what can I do ?

whether I can file RTI application and demand the certified copy of arrest registered and arrest Panchnama. ?

whether I can make complaint to SP or Human Rights Commission ?



 4 Replies

Nishith P Thakkar (lawyer)     03 November 2008

dear chetan,

the police is not functioning for their personal buisness . the duty of the investigation is enterested on behalf of state . therefore the DY.sp,  s.p and other superior officers including the home department can be complained for the non action of police officer. the foram of human right is not good at this stage , if the investigation is not proper you can file the application under section 173{8} of cr,p.c before J.M.F.C. AND also complain for transfer of investigaiton .in petition under  article 226  of constitution as writ petition before high court.

nish*th p thakkar adv.

K.C.Suresh (Advocate)     03 November 2008

Dear Chetan, No RTI . Approach the senior officials for including this section 34. It stands for common intention. Omission of sections in FIR will not affect the case adversely. That too section 34. FIR is just an initiation of proceedinigs. Any omission which is factually meterial by direct witnesses may adversely sometimes affect the case. Any body can put an FIR on a matter which he has no direct knowledge. So don't worry your case will not be affetcted by Sec. 34

prabodh kumar patel (advocate)     03 November 2008

Non-insertion of 34 CrPC is not a lacuna, it can be done while submitting the final form.

shailendra 09709516844 (student)     03 November 2008

insertion of 34 cr. p.c will not affect ur case any way


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