V3- How to Register FIR through Magistrate Court? 156(3) Cr.P.C.

Описание: In a country governed by law, reporting of offence and action thereof by law enforcement agency is very crucial. However, for many reasons the Police does not register First Information Report.

The reason is attributable to same includes less number of police personnel. But infrastructure problem on part of the Government cannot be a reason to deny justice to someone. The Code of Criminal Procedure under section 154 makes it mandatory for registration of FIR in cognizable offences and no police personnel can deny same. The Supreme Court of India has very categorically held in Lalita Kumar v. Sate of Uttar Pradesh that:

i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

ii) 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.

iii) 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. It must disclose reasons in brief for closing the complaint and not proceeding further.

iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.

v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.

vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under.

a) Matrimonial disputes/ family disputes

b) Commercial offenses

c) Medical negligence cases

d) Corruption cases

e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for the delay.

The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.

vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case, it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.

viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offenses, whether resulting in the registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

112) With the above directions, we dispose of the reference made to us. List all the matters before the appropriate Bench for disposal on merits.

However, despite the above, many times FIR is not registered.

UNDER SUCH CIRCUMSTANCES, a person can take the steps as detailed in the video to register FIR.

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THE VIDEO IS NEITHER AN ADVERTISEMENT NOR A LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to stay accurate however, interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice.

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