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  1. #1
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    C J Karira
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    Police not bound to register FIR: SC


    <TABLE cellSpacing=0 cellPadding=0 width=450 border=0><TBODY><TR><TD class=headline>Police not bound to register FIR: SC</TD></TR><TR><TD class=news><TABLE cellSpacing=0 cellPadding=0 width=450 border=0><TBODY><TR><TD class=news>
    Pioneer News Service | New Delhi
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    The Supreme Court in a recent judgment has said that the police was not bound to register a First Information Report if it thinks appropriate to first conduct a preliminary inquiry.

    </TD></TR></TBODY></TABLE></TD></TR><TR><TD class=news vAlign=top colSpan=2>

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>Though the intention of the court was to screen out frivolous complaints borne out of vested interests, the recent decision seeks to upturn the law previously laid down by the apex court by which the police had to oblige every complaint.

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>The Bench of Justices SB Sinha and HS Bedi said, "Although the officer in-charge of a police station is legally bound to register an FIR... the same by itself however does not take away the right of the competent officer to make a preliminary inquiry, in a given case, in order to find out as to whether the FIR sought to be lodged had any substance or not."

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>The court was referring to the facts of a case where one Rajinder Singh Katoch had approached the Supreme Court challenging the order by the High Court of Punjab and Haryana refusing to direct the police to lodge an FIR.

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>Katoch had complained to the Chandigarh Police seeking registration of a criminal case against his brother for wrongfully restraining his entry into a joint property left by their father. He stayed in the house in 2001 but on his return after a brief visit to Delhi a year later he was refused entry and to take possession of his belongings.

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>The Bench held, "the SP himself has, pursuant to the directions issued by the HC, investigated into the matter and visited the spot in order to find out the truth ... It was found that the complaint was false and had been filed with an ulterior motive."

    </TD></TR><TR><TD class=news vAlign=top colSpan=2>

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  2. #2
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    Re: Police not bound to register FIR: SC


    With due appology, I feel that the argument was not well defended or is spoiled. FIR means 'firstinformation report'. How can the Police investigate or inquire the allegation without someone registering an FIR or without suo motu registering an FIR ? The report if registered after an enquiry, it does not become an FIR. It become aninquiry or investigation report. I wish someone take up the issue lest the sanctity of the FIR is lost.

  3. #3
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    Cops failing to register FIRs may be jailed: SC


    Cops failing to register FIRs may be jailed: SC

    As Reported in Yahoo! News, Sat, Aug 9 02:58 AM

    If the Supreme Court has its way, police officers who fail to register a case or lodge an FIR may now even have to face imprisonment for their "inaction." Besides being jailed for abdicating his duty, the erring cop could even face contempt of court apart from a departmental inquiry.

    Pained by innumerable instances across the country where the police simply refuse to register an FIR if a common man goes with his complaint, a Bench headed by Justice B N Agrawal on Friday underlined that the directives issued last month would not be amended or modified. The order, containing a slew of directions issued on July 14, "still stands and will stand", the court noted.

    "Earlier, there was a concept of Ram Rajya. Even during the freedom struggle, people used to believe in swaraj but now that's gone. People now need huntering, (flogging) nothing seems to be moving without it," observed Justice Agrawal, who took exception to the fact that all states, except two, had failed to respond to a slew of directions issued at the hearing.

    The said directive has effectively empowered the citizen, who, after being refused registration of his complaint, can approach the magistrate, seeking directions to the police to lodge an FIR and also make a copy available to him within 24 hours of the order. The magistrate can also direct the police "to take immediate steps for apprehending the accused or recovery of kidnapped persons and properties" within a specified time.

    The court said, "In case, FIRs are not registered in time or steps are not taken by the police, the magistrate concerned would be justified in initiating contempt proceedings against such delinquent officers and punish them for violation of its orders and award stringent punishment like sentence of imprisonment against them."

    "Disciplinary authority would be quite justified in initiating departmental proceedings and suspending them in contemplation of the same," the Bench also comprising Justice G S Singhvi had directed while dealing with a habeas corpus petition filed by Bhola Kamat whose minor daughter was abducted in an alleged land dispute.

    Kamat filed a complaint with the police who allegedly threatened him to withdraw it and reach a compromise with the accused.
    While terming it a "pathetic state of affairs", the judges allowed two more weeks as "the last chance" to chief secretaries/DGPs and police commissioners to file their response. It, however, warned that if they failed to respond, it would direct their personal attendance at the next hearing.

    Cops failing to register FIRs may be jailed: SC - Yahoo! India News

  4. #4
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    Re: Police not bound to register FIR: SC



    Dear Karira,
    The html tags in your post are visible as part of the post. I have seen the same happen elsewhere in another post by you. Just thought of letting you know, so that you could rectify the problem. Or is it at my end?

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    Re: Police not bound to register FIR: SC


    I too have the same problem. This sometimes happens while copy/pasting of text.

  6. #6
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    Re: Police not bound to register FIR: SC


    I too have the same problem.
    "A judge is a law student who marks his own examination papers." - H. L. Mencken.

  7. #7
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    Re: Police not bound to register FIR: SC


    Hello Dinesh, Abhi & Jiwateswar,

    You have all guesed it right. Ugly HTML tags come out if you directly copy & paste from richly formatted source. Sometimes this system handles it perfectly and sometimes it fails.

    So to avoid this first paste it to your text editor (e.g. NotePad) and then again copy from Notepad.

  8. #8
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    Re: Cops failing to register FIRs may be jailed: SC


    sir
    this is a good piece of information.
    cops failing to register FIR , in case of no criminal matter NC is registered is rule applicable for FIR only or any other report too ???
    regards
    take CARE

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