Without boring you, in simple language, I want to tell you about my views on:-
1) How to Lodge a FIR in Police station, if someone has committed a crime against you,
2) And, What should you do if you learn that a False FIR is lodged against you and police is likely to arrest you anytime.
DISCLAIMER FIRST: These both are very ticklish subject. What to exactly do can only be advised by your advocate who will study all facts and will give you sound advice. This article is only academic and if you do anything on basis of this article, and any damage you suffer, it will be solely your responsibility and I will not be responsible or answerable to you. Go strictly by your own advice and advice of your own advocate.
WHY PEOPLE FIND IT DIFFICULT TO REGISTER F.I.R.
People are often heard saying that though a crime against them is committed, police is not registering FIR.(First Information of crime)
To register a FIR is a burden for a police officer.
If FIR is registered, in 24 hours or as early as possible, he has to send a copy of FIR to Court.
And in about three months he is required to complete investigation and give one of the Five Types of Reports to Court; namely,
1/ Crime has been committed. Here are the persons who committed the crime and these are the evidences against them,
2/ Or he can say that crime is committed, but there are not enough evidence to prosecute any one,
3/ Or, he can say that crime is committed, here are the evidences, but accused has flew away.
4/ Or, he can say that though complaint may be true, it looks like a civil dispute and there seems nothing criminal about it. He will give Court supporting papers.
5/Or, he can say that the Complaint is wholly false and Complainant should be prosecuted for filing a false FIR and wasting time of police and for giving false information to police.
WHAT PEOPLE DO WHEN THEY FEEL THAT POLICE IS NOT REGISTERING THEIR FIR
To avoid so much waste of time, police may not register your FIR. They may call other side and ask them to talk with you and to wind up the whole matter. Or he may take copy of your complaint, and give a letter-inward number for your satisfaction.
This has practically no meaning.
To be fair to Police, it is required to be stated that police is not required to register a FIR whenever people give all sort of complaint against anybody. It is possible that Police may not register your complaint if what you have said in complaint does not look like an offence.
WHAT PEOPLE WILL DO NOW!
First, People wait for some time.
Then, they will wonder whether their complaint is not being registered because accused is a big person and he has given some money to police for not registering FIR!
Then they will go to a lawyer. Lawyer may say, "It is duty of police to register FIR. Let us go to High Court.
They will file an Art.226, petition in High Court seeking direction against Police to Register FIR.
High Court may say,"No doubt we have power to direct police to register FIR. But we use this power sparing. You have got an alternative remedy. You go to Court and file your complaint in Court. Court will direct police to investigate and report back."
Fair enough. You will return from High Court empty handed and will now come to trial court. Your complaint will be registered. Court may direct Police to investigate and give report or Court itself may make an inquiry.
Then you will be lost in crowd. Because all courts are heavily crowded. You may not get even a place to sit in Courts.
LET US GO NO FURTHER.
What happens to you thereafter is not within scope of this article. Here, we are concerned with questions:
1) Why police did not register your FIR in the first place?
2) Why though it was his duty, police did not register FIR? Was some bribe an issue here? Or was it because accused was a big politician?
3) What else you could have you done?
NO ANSWER.
The Article ends with no answer. I have no answer to your 1) and 2) questions.
Regarding third question, I have given following advice to some clients. Sometimes it has worked and sometimes it has not worked.
I told my client like this:
Instead of going to police station, first you go to Post & Telegram Office..
From there you sent a long and urgent telegram to your police station.
The Telegram should contain following details:
1/ Your First and Last Name, Your Age, Your Gender, Your address.
2/ Date and time when the incident happened with you. Approximate distance from police station to place where incident happened.
3/ Names and addresses of persons who committed crime. If you do not know their names, say that you do not know their names.
4/ Then describe how the crime was committed. Who did what, why, where, how, when etc.
5/ Then say that since you are in hurry to go somewhere you are sending this telegram and say that you will come to police station in about two hours.
6/ Then after taking breakfast, after some time, you go to police station to lodge FIR,
Police will ask you "What was necessity to send this? What is written in this telegram?
I don't understand at all."
Very well. Then explain him what has happened.
Some clients said that they were happy with police action. Some client said that telegram was returned back to them with endorsement that "There is no such Police Station. Address incomplete".
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Since I have put disclaimer in the beginning of this article I have nothing further to say except that take legal advice by engaging a lawyer and act as per his advice.
Regarding What to do when a False FIR is filed against you, I need a break. I will write about it in a couple of days.-------(Continued)
Haresh Raichura
