Private Complaint Private Complaint

2 months ago

Hi,
This is krishna Hyderabad Telangana. I filed a private compliant in court and after successful hearings honourable judge convinced and passed orders to Police station. After sometime I got to know that the Police station got bifurcated my locality comes under another police station and they returned the file to the concerened court what to do now.

Anik

Responded 2 months ago

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A.Dear Client,

Section 156(2) of the Criminal Procedure Code (Cr.P.C.) clarifies that no police officer's proceedings in a case can be challenged on the basis that the officer lacked the authority to investigate. This provision expands police investigation powers. According to section 154 of the Cr.P.C., a police station must register a First Information Report (FIR) upon receiving information about a cognizable offence. Even if the crime falls outside the police station's jurisdiction, they must still register a 'Zero FIR' and subsequently transfer it to the relevant police station where the offence occurred. The concept of a 'Zero FIR' allows the initiation of an investigation regardless of territorial jurisdiction. The police can inquire or investigate based on the Zero FIR, and if the officer believes the offence occurred outside their jurisdiction, they can transfer the FIR to the appropriate police station. Thus, the location of the crime and police station jurisdiction become irrelevant when a cognizable offence is reported, and the police are obligated to transfer the case to the relevant jurisdiction for investigation. If the police station returns the case file to the court citing jurisdictional issues, you can file an application before the court seeking an appropriate order.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Section 156(2) of Cr.P.C. makes the position clear by providing that no proceeding of a police officer in any such case shall at any stage be called into question on the ground that the case was one which such officer was not empowered to investigate. Thus, this provision widens the powers of investigation of the police. In terms of s. 154 of Cr.P.C, if any information relating to the commission of any cognizable offence is received by a Police Station, the Police is duty bound to register the FIR. However, if the crime does not occur within the jurisdiction of the said Police Station, the Police are still duty-bound to register an FIR where the information about a cognizable offence is received. Such an FIR is termed a 'Zero FIR.' After registration of the 'Zero FIR,' the same has to be transferred to the concerned Police Station where the offence has indeed been committed. Thus, a Zero FIR can be registered in any police station where information about a cognizable offence is received irrespective of whether it has territorial jurisdiction or not. Police can enquire or investigate the case on the basis of the Zero FIR that is registered and if the police officer is of the opinion that the offence did not take place within the limits of his jurisdiction, he can send/transfer the FIR to the appropriate police station, which has got the jurisdiction. Therefore, the place of crime and jurisdiction of the police station becomes irrelevant when a cognizable offence is disclosed, and the police station is obligated to instantly transfer the pertinent documents over to the police station vested with the jurisdiction which numbers the FIR and begins the investigation. When the Polisce Sation returns the case file to the Court on the ground of jurisdiction, you may file an application before the Court for an appropriate order in the matter.
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