About fir status
3 weeks ago
After filing an FIR at the local police station on a cheating case, even after 32 days, we have not received any response from the police, what should we do?
A.Dear Client,
The police on registering the FIR, must initiate the investigation into the matter and record the evidences and statements in a charge sheet under Section 173 of the Criminal Procedure Code,1973 (CrPC). If they refuse to do so, you can write an application about the said grievance to the immediate senior officer like Police Inspector, Superintendent of Police under Section 154(3) and Section 36 of the CrPC, who will then examine the matter and take necessary action. Further, you can also file a complaint before the corresponding magistrate under Section 156(3) of CrPC or before any second-class magistrate empowered by the chief judicial magistrate under Section 190(2) of the Code. If the Magistrate is satisfied as to the non-performance of duty by the police, he can then direct the police to investigate into the matter. Apart from this, you can file a criminal complaint under Section 200 of the Code which empowers the Magistrate to examine into the complainant and take the witness upon oath. In pursuance to the direction of the Magistrate, the police is mandated to inquire into the matter and submit the report on the case. If required you can consult an advocate for advice and other procedural requisites.
Hope this helps.
Thank you.
The police on registering the FIR, must initiate the investigation into the matter and record the evidences and statements in a charge sheet under Section 173 of the Criminal Procedure Code,1973 (CrPC). If they refuse to do so, you can write an application about the said grievance to the immediate senior officer like Police Inspector, Superintendent of Police under Section 154(3) and Section 36 of the CrPC, who will then examine the matter and take necessary action. Further, you can also file a complaint before the corresponding magistrate under Section 156(3) of CrPC or before any second-class magistrate empowered by the chief judicial magistrate under Section 190(2) of the Code. If the Magistrate is satisfied as to the non-performance of duty by the police, he can then direct the police to investigate into the matter. Apart from this, you can file a criminal complaint under Section 200 of the Code which empowers the Magistrate to examine into the complainant and take the witness upon oath. In pursuance to the direction of the Magistrate, the police is mandated to inquire into the matter and submit the report on the case. If required you can consult an advocate for advice and other procedural requisites.
Hope this helps.
Thank you.
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A.Dear client,
In the given scenario, a complaint under Section 156(3) of Cr. PC can be filed before the Judicial Magistrate who may then order the police to investigate the complaint. This time, the police cannot disregard or delay filing an FIR, which will trigger an investigation into the complaint immediately. Apart from this, you can make a private complaint for the alleged cheating directly to a Court of Magistrate under Sec.200 of Cr. PC. that outlines the procedure for a Magistrate to take cognizance of an offense. The section begins with the requirement that any person who desires the Magistrate to take cognizance of an offense must present a written complaint or information. A magistrate taking cognizance of an offense on a complaint shall examine upon oath the complainant and witnesses present if any and the substance of such examination shall be reduced into writing and shall be signed by the complainant and witnesses and also by the magistrate. Accordingly, as per Section 202 Cr. PCm the Court may direct the Police to inquire into the charges in the complaint and file its final report. After the Police inquiry and submission of the final report, the Court may take appropriate action based on the Police report. Reach out to an Advocate experienced in criminal law for guidance and steps.
In the given scenario, a complaint under Section 156(3) of Cr. PC can be filed before the Judicial Magistrate who may then order the police to investigate the complaint. This time, the police cannot disregard or delay filing an FIR, which will trigger an investigation into the complaint immediately. Apart from this, you can make a private complaint for the alleged cheating directly to a Court of Magistrate under Sec.200 of Cr. PC. that outlines the procedure for a Magistrate to take cognizance of an offense. The section begins with the requirement that any person who desires the Magistrate to take cognizance of an offense must present a written complaint or information. A magistrate taking cognizance of an offense on a complaint shall examine upon oath the complainant and witnesses present if any and the substance of such examination shall be reduced into writing and shall be signed by the complainant and witnesses and also by the magistrate. Accordingly, as per Section 202 Cr. PCm the Court may direct the Police to inquire into the charges in the complaint and file its final report. After the Police inquiry and submission of the final report, the Court may take appropriate action based on the Police report. Reach out to an Advocate experienced in criminal law for guidance and steps.
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A.Dear Sir,
Police might be busy in more serious cases and you must pursue them to take them the investigation otherwise they may spoil investigation and favour the opposite party.
Police might be busy in more serious cases and you must pursue them to take them the investigation otherwise they may spoil investigation and favour the opposite party.
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