In Lalita Kumari vs. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offense. In the State of Andhra Pradesh vs. Hence, any crime if it qualifies as a cognizable offense it is the duty of the police officer to mention the information in the general dairy even if the crime that has taken place does not fall under its jurisdiction.
In the legal system of India, both an F. R and a charge sheet play an important role for starting an investigation against the accused and for collecting the whole process of the investigation which has to be presented so that the proceeding of any criminal offense could take place in the court of law.
For filling a charge sheet the investigating office after investigating the offense that is related to the cognizable offense and then the officer-in-charge will submit the report in the court. The court after taking the note of the whole matter will issue summon or a warrant. A summon is an official notice of the order to appear in the court of law [iii].
A charge sheet can be quashed by the High Court as per section of the Code of Criminal Proceedings, , under this section the court has an inherent power to make any court that may be necessary to prevent the abuse of the power and to secure the ends of the justice [iv]. The followings are the ground on which a charge sheet can be quashed:. Therefore, there are a few instances where the High court has quashed the charge sheet. In the J oseph Salvaraj A. The FIR under the circumstances deserves to be quashed at the threshold.
The motive of quashing the charge sheet was also made clear in the Devendra Vs. The State of U. When a dispute between the parties constitutes only a civil wrong and not a criminal wrong, the courts would not permit a person to be harassed although no case for taking cognizance of the offense has been made out. An FIR and A charge sheet both are an essential document for proceeding with a crime that is lodged against the defendant.
Although law also protects those against whom wrong allegations are filed. Law Times Journal. Tuesday, November 9, Sign in. Forgot your password? For the purpose of summoning a person whose name is mentioned in the FIR but has not been charge-sheeted, the FIR can be taken into consideration because it is evidence at that stage. Where the FIR was registered on the basis of a written complaint submitted to the police and there was no mention of the presence of some persons as eye-witnesses in it, it was held that the presence of those eye-witnesses was rightly disbelieved.
In Damodar v. State of Rajasthan, it was held that the information conveyed to the Police on telephone and the entry was though made will not constitute an FIR under section of Cr.
A charge sheet is distinct from the First Information Report FIR , which is the core document that describes a crime that has been committed. It usually refers to one or more FIRs and charges an individual or organization for some or all of the crimes specified in those FIR s.
Once the charge sheet has been submitted to a court of law, prosecution proceedings against the accused begin in the judicial system. It was also held, in matters of personal liberty, we cannot and should not be too technical and must lean in favor of personal liberty. It must be realised that the said proviso was introduced in the Code by way of enlargement of time for which the arrested accused could be kept in custody.
Since Section does not empower cancellation of the bail, the power to cancel the bail can only be traced to Section 5 or Section 2 of the Code. The bail can then be cancelled on considerations which are valid for cancellation of bail granted under Section 1 or 2 or Section 1 of the Code.
No case for grant of bail will be made out under section 2 of the Code if charge sheet is filed before the expiry of 90 days or 60 days, as the case may be, from the date of first remand. The right of default bail is lost, once charge sheet is filed. Default bail is a sort of a rap on the knuckles of the police for not completing the investigation and filing the final report within 90 or 60 days of first remand of the accused.
However, for the failure of a Judge to pass a formal judicial order of extension of remand on the application of the prosecution, default bail is not the remedy. The maxim Actus Curiae Neminem Gravabit meaning — an act of the Court shall prejudice no one, cannot be ignored. Such a ground for bail cannot be founded either under section 2 or section of the Code. Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro Origin of Writ In common law, Writ is a formal written order issued by a body with administrati Toggle navigation.
Home Explore. What is First Information Report? Based on information so provided the investigation started. R can also be registered by the Judicial Magistrate by giving the direction to the concerned jurisdictional area of the Police Station. Section Information in cognizable cases Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
A copy of the information as recorded under sub- section a. Shall be given forthwith, free of cost, to the informant. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection a. Who can File F. R: Victim of the offence, or family member or the Friend of the victim, or Any person who witnessed the offence, or The person who has committed the offence, or A police officer, or Any other person who has come to know about such an offence.
C two conditions are supposed to fulfilled: What information is conveyed by the Victim of the offence must be an information only; That the information so provided must relate to the commission of a Cognizable Offence only. Evidentiary value of F. R is not substantive evidence in nature. It can be used as corroborative or contradictory evidence. R is not an encyclopedia when, where, what, who, why but it contains necessary information. What Is Zero F. Zero F. With the help of zero F.
When in trouble men and women will be benefited equally. In Zero FIR, any police station can register FIR irrespective of the jurisdictional area but the investigation will be taken up by the police in the place of occurrence reported in the FIR. The police station registers the zero FIR marking it the serial number 0 and transfers it to the respective jurisdictional area which can carry out the investigation.
The sanctity of the legal process remains the same in zero FIR. It is very helpful for people as it facilitates them and takes away the inconvenience of searching for the right police station for lodging the FIR. But it was weak to make much of the homelands population aware of. Ramachand Reddy v. As per functional knowledge, every FIR must be registered filed promptly, expeditiously and without wasting any time. There may be a circumstance where some authorization of time may be given in filing the FIR.
But there must be some convincing reasons for the delay in filing the FIR under the compelling circumstances. Judges with a lot of sanity and experience can use their discretion judiciously and in the interest of justice in each and every case. However, no possible duration test of time can be fixed for applying the test of reasonableness to the lodging of an FIR; it depends upon facts and circumstances of each case.
The delay in lodging the FIR as such is not lethal in law if the prosecution substantiated lodging the report. Record not recorded after several days of commencement of an offence. Records not recorded immediately but recorded after the questioning of witness is done The information recorded is not about the occurrence of cognizable offence but only cryptic form message is recorded in the form of an appeal for immediate help.
Complaint made directly to Magistrate. Information is given to Magistrate or police Officer on phone. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week.
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