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[…..]
Community Service Register in short called CSR. The general procedure is that the Police upon receipt of a Complaint, and upon verifying the fact – whether the scene of crime alleged by the Complainant was occurred in its jurisdiction or not – and, if occurred in its Station limit, then register the same in its[…..]
As far as Criminal Law, one who registers a Complaint with a Police is called a Complainant. Later, when the same Police files a Chargesheet [based on that Complaint] in the Court, the Police then called as a Complainant and the original Complainant thereafter called a Defacto Complainant. Otherwise, in a Private Complaint filed directly[…..]
In Criminal Law, the Trial Courts are bifurcated based on punishable offences. The Magistrate Courts can conduct Trial for less than 7 years punishable offences, whereas, the Sessions / District Court has powers to conduct Trial 7 years and above till sentencing of death or life imprisonment. Otherwise, capital punishment is subject to the concurrence[…..]