Yes. Police after conducting an inquiry on the FIR, it issued on receipt of a Complaint at the first instance to the Complainant, close it, terming it a mistaken of facts. Otherwise, an FIR was closed by the Police any time after concluding its investigations – finding no merits in the Complaint.
Yes, the Criminal Laws allows the Advocate of the Accused to be present while inquiry been conducted by the Police, however, it is only for limited time. Otherwise, the Advocate can seek Order from the Court for his presence during inquiry of the Accused and / or pray for his meeting with the Accused during[…..]
The Accused has to produce before the Jurisdiction Court within 24 hours of his arrest [without Warrant] if one go by Section 57 of Code of Criminal Procedure, 1973. However, it is settled in law that the place of arrest and transit time are calculated while production of the Accused to the Jurisdiction Court and[…..]
Certain Petitions cannot be invoked with Cr.P.C. provisions and Protest Petition is one such. Police after conducting an inquiry on the FIR, it issued on receipt of a Complaint at the first instance to the Complainant, closes it, terming it; mistaken of facts –i.e., finding no merits in the Complaint after its investigations. The Complainant[…..]
Once the Police failed to register a Complaint, the Complainant can send his Complaint reduced in writing to the Superintendent of Police / Commissioner of Police and / or he can escalate the matter with the higher officials next to the rank of Station House Officer / Inspector of Police. Even after escalating the matter[…..]
Yes. A Police can arrest an Accused who is indicted in the FIR for the commission of offence towards a victim – Complainant. The Accused immediately upon coming to know of his indictment in the FIR engage an Advocate to present a Petition of Anticipatory Bail either in the Sessions Court or in the High[…..]
A Complaint can be registered by anyone. Law does not prescribe, age, sex, religion or caste or creed for giving a Complaint or for accepting the Complaint by the Respondent Police. The Complainant, has every right to register his Complaint with the Police or in any Forums including the Courts, if he is aggrieved. Otherwise,[…..]
First Information Report, in short, is called FIR. Under the provision of Section 154 Cr.P.C., any Complainant approaches the Police to register his Complaint and the Police upon receipt of the Complaint, it is duty bound to document the same in the Diary kept in their Station for such purpose. [However, now that every Police[…..]
It is mandatory on the part of the Police to follow certain procedures as per the Code of Criminal Procedure, 1973 after it receives the Complaint. The Accused requires to be summoned under Section 41 of CRPC. The Police summons the Accused to the Police Station for inquiry on a pre-determined date. While on the[…..]
No. Police cannot arrest a person under CSR. The CSR is a precursor to conduct an inquiry on a Complaint received by the Police. Otherwise, there is no law which prescribes the Police to arrest a person under CSR. The CSR came into existence to comply with Section 154 Cr.P.C. provision. Otherwise, it is also[…..]