Thursday, February 21, 2019

What Happens Once An FIR Has Been Registered?


What Happens Once An FIR Has Been Registered?

What Happens Once An FIR Has Been Registered?




1.     police investigation procedure after fir
-        investigation starts
-        witness statement is recorded
-        complainant witnesss and statement is recorded
-        complainant docs are collected
-        arrest the accused if required
-        record statement of accused
-        within 24 hours of arrest, the accused is presented before a magistrate
-        police remand for further investigation may be done

2.     What Happens Once An FIR Has Been Registered?
-        For cognizable offences, immediate investigation may start
-        Crpc 41a notice procedures may be followed
-        Arrest of accused
-        So filing LTR to protect from arbitrary arrest may help an accused
3.     What happens after FIR is registered?
-        Even without FIR the crime may be investigated suo moto by police
-        Court may give direction to investigate a crime if any media reports claim an offence or crime
-        If any person in media claims to have committed crime then also sou moto proceedings may be started and investigation done without FIR
-        Before investigation, police has to send FIR or that report / evidences etc to court based on which it wants to conduct investigation
4.     How do you know if an FIR is filed against you?
-        Sec-154 crpc defines process about how to report first information
-        And the first information is defined and presented in format as per 155 crpc
-        In cognizable offences even without magistrate permission the investigation may start
-        Within 24 hours the accused may be arrested without an arrest warrant if the crime reported is cognizable
-        24 hours time to produce before magistrate
5.     Can FIR be lodged in any police station?
-        Yes it can be lodged at police station
-        A, b or c summary report may be submitted
-        A report means that the case is true
-        B report means malicious prosecution by complainant
-        C report i.e., withdrawn by the complainant as he gave FIR with misunderstanding and now he has informed that he misunderstood the crime or whatever
-        If court is satisfied only then the FIR may be cancelled or withdrawn etc
-        File LTR to remove uncertainities
-        Court is empowered to accept or not the a, b or c report. This is discreet power
-        This is discretionary power of the court
6.     How long does it take for police to file chargesheet in court?
-        Case investigation is done u/s 156 crpc
-        Charge sheet may be presented if the case reported is found to be true
-        Case cannot be closed without commencing investigation
-        Arriving at final conclusion by police is necessary which may be through a or b report or at least a c report where the complainant feels like withdrawing the complaint
7.     procedure after fir is lodged
-        if the accused dies then that is called as abetted summary report i.e., fourth way to close a criminal case besides a, b and c report procedures after FIR is lodged
-        police investigates the facts i.e., the crime reported in the FIR
-        criminal is not traced then case closure application may be filed
-        FR i.e., the closure report may be filed by the police
8.     court procedure after fir
-        protest petition may be filed by the complainant in case of closure report
-        the accused if charge wrongly and his evidences not recorded by police then the challenges or return of charge sheet may be filed due to lacunas or gaps in the charge sheet
-        in protest petition court may ask police to reinvestigate
-        if injustice happened then complainant may file a protest petition
9.     fir cancellation procedure
-        police can not close the FIR
-        police has to investigate
-        closure report may be filed by police and wait for protest petition by complainant
-        FIR cancellation procedure through LTR may be more effective as documentary proofs may come on record if the LTR is filed in a technical manner
10. how to close fir
-        file application for closing of the FIR as per the LTR
-        LTR versus FIR debate by the accused
-        LTR helps an accused when he is innocent and the complainant is cunning
-        No evidence in support of allegation
-        High court may quash but LTR may be a better option to avoid hardships or conditions laid down by hc

11. fir is valid for how many days
-        investigate and submit charge sheet or final report is time based as per supreme court
-        not following the guidelines by the supreme court means contempt proceedings and disciplinary action/ departmental action against the police officer concerned for lethargy or negligency
12. difference between police complaint and fir
-        FRT means final report of truth
-        Investigation may come to end before filing FRT or FR
-        No direct evidence by police means FRT
-        Police complaint may be called as NCR or simply a diary entry
13. fir time limit
-        if baseless charge sheet or wrong facts in CS then file for discharge as per discharge petition
-        or goto high court u/s 482 crpc
-        concerned judicial magistrate has powers to close and not the police but police may approach the court for case closure as per b-report or c-report as per FRT as above
14. how to know if fir is filed against me
-        correction in police FIR is not possible as per law
-        police can not beat after FIR
-        arrest also means 41`a crpc pre-condition in matrimonial cases at least i.e., 498a crimes

Therefore, it can be seen that the FIR is a legal document and the guidelines of the Supreme Court need to be followed but if the matter is required to be closed or cancelled by the accused based on falsity or based on counter evidences etc then it is suggested to file a LTR immediately. Further, for the benefit of men there may be many men rights activists or men rights organizations may be active to help pacify the men but the pacification or sympathy is NOT what a man/ husband looks for when false cases are filed on him. Hence, government of India needs to start a men cell india which may suggest the real fighting tactics to the men vis-a-vis counter/s and/ or challenge/s to close a false CAW or a FALSE FIR against a man/ boy/ husband/ celebrity, hence in all over India the government of India needs to start a Men Cell in Delhi type cells for men which must be registered by government of India to help boys/ husbands/ men from false cases and atrocities by disgruntled women/ wives/ girls and by the police respectively.





8 comments:

  1. false 498a IPC fir was lodged against me and my parents
    i was under impressions that a criminal case has been lodged and i need to apply for bail and police was pressurizing me to sign compromise deed with my wife by paying RS. 20 LAKHS.

    I contacted atur chatur and filed LTR instead of going for bail.
    My CCTV Footage and other evidences have been duly included in the b report filed by police
    the magistrate has cancelled the FIR
    all thanks to atur chatur and highly recommended service for NRI men/ husbands like me who are fighting against false 498a and also for those non resient indian men/ husbands who want divorce from their wives without having to come to India or engaging an advocate

    all thanks and recommended for nri's

    ReplyDelete
  2. Men Cell in Delhi is the one stop solution if you are looking for Men's helpline in Delhi or Man Cell in Delhi or a helpline for harassed husbands in Delhi.

    When someone gets a false FIR u/s 498a ipc registered by his wife, then, first thing that comes to the mind is helpline for harassed husbands in India or men's rights activists delhi i.e., where a harassed husband may file complaint against the wife in delhi.

    The complaint letter against wife in Delhi may be suggested by men cell in delhi in the form of man cell in south delhi, man cell in rohini or man cell delhi contact number.

    Similarly, if a Non Resident Indian boy married in India or marries a girl from Delhi and she files subsequently a false complaint with women cell in Delhi i.e., at Crime Against Women Cell in Delhi which is also known as CAW Cell Delhi then the NRI husband may start looking for NRI MEN CELL IN DELHI or a NRI HELPLINE IN USA/ UK or simply a helpline for harassed husbands in Delhi.

    Since the male harassment cases in India especially in Delhi are on a rise and therefore Delhi may not be just called only as a rape capital but also a false 498a harassment capital and therefore harassed husbands helpline in Delhi may lead you to man cell in delhi or you may check for male harassment in India statistics by way of save indian family of delhi helpline numbers in delhi or simply men's right whatasapp group in Delhi

    At Man Cell Delhi we provide the men with atur chatur counselling in which guidance is provided regarding how to file false cases. Also RTI , dp3, extortion, perjury, malicious prosecution, crpc 91, 21-b etc type fighting tactics are guided to you so that you can fight the false cases on you & your family at your own.

    mobile :- +91-9873540498
    email:- aturchatur@yahoo.com
    website:- http://manhelpdelhi.blogspot.in
    free ebook:- http://bit.ly/1GH4v4r

    ReplyDelete
  3. A Non Resident Indian (NRI) husband when trapped in a false 498a FIR looks for help seeking Quash Petition or Samples of a Quash Application u/s 482 Criminal Procedure Code.

    But, in order to have a better discussion on the dowry laws procedures and especially relating to closing of a false FIR under section 498a ipc FIR, then as per Atur Chatur, one may contact the NRI 498a Helpline in India for the NRI husbands.

    NRI QUASH
    http://www.nriquash.com

    The above website for NRI Quash relates to some steps which may be done by a NRI before he files a quash petition so that the chances of success of a Quash Petition are higher for the simple reason that a Quash u/s 482 crpc or a Bail or Anticipatory Bail u/s 438 or u/s 439 CrPC may comes with conditions such as:-
    - Travel Restrictions
    - Passport Impounding
    - Attending Court or Joining Police Investigation by personal visit to India despite the busy schedule of the Non Resident Indian husband who may be working in USA/ UK/ Dubai/ Australia/ NZ etc

    Hence, vis-a-vis a NRI Men Cell or a Helpline for the NRI's especially for the NRI husbands to counter false 498a, the help may be sought from:-
    http://www.nri498ahelpline.com

    Since a false FIR is a human rights issue for a NRI husband, hence, it may be utmost necessary to invoke the Human Rights of the Non Resident Indian husband living abroad so that the wife does not get blue corner notice or god forbid even a red corner notice issued against a NRI by contacting USA Immigration against the NRI husband using her false, wild/ bald and concocted stories.
    Therefore, Human Rights of a NRI may be invoked by understaindg some key human rights issues related to a NRI husband listed at:-
    http://www.humanrightsofnri.com

    if any help is needed then contact any time (24 hours):-
    http://freeconsultationonemail.aturchatur.com

    email:- aturchatur@yahoo.com

    or visit the website:-
    http://quashpetitionfir498adiscussiondowrylawhelplinenri.mancell.org/

    ReplyDelete
  4. A Non Resident Indian (NRI) husband may get his passport seized and if he is so scared of false 498a ipc FIR or soft laws for women in India then he may start running like proclaimed offnder or he may start avoiding the summons or notices and this ignoring of false 498a may cost dear to the husband.

    When the Non Resident Indian husband applies for Anticipatory Bail or Bail under sections 438 or 439 of criminal procedure code then he may be shocked to hear the conditions laid down by the court while rejecting his bail application vis-a-vis:-
    - Passport Seizure
    - Travel Restrictions
    - Look Out Circular Issues
    - Passport Impounding
    - Proclaimed Offender Issues
    - Attending Court or Joining Police Investigation by personal visit to India despite the busy schedule of the Non Resident Indian husband who may be working in USA/ UK/ Dubai/ Australia/ NZ etc
    - Red Corner Notice or a Blue Corner Notice
    - and so on

    Hence, a NRI husband needs to be extremely cautious while travelling to India when the 498a FIR is on because this false 498a ipc complaint/ FIR by wife in the PS or within the Crime AgainstWomen (CAW) Cell may cause some real troubles for the NRI especially in the Immigration.

    For Example:-
    If the NRI husband is staying in USA on a H1 B Visa, and the wife approcahes US Immigration or Indian Immigration in the USA/ American Peninsula.

    So, dear Non Resdient Indian husband, even if your wife has played some mischief with you by way of L1 Fraud and she married you just to get herself settled in USA Virginia with her boyfriend and you were just a puppet then you need to file counter LTR against the wife or at least a SILENT LTR to protect yourself from false and arbitrary arrest and if you do NOT fear the arrest in false 498a FIR then at least you may learn the legal procedure to close a false FIR in India.

    Since a false FIR is a human rights issue for a NRI husband, hence, it may be utmost necessary to invoke the Human Rights of the Non Resident Indian husband living abroad so that the wife does not get blue corner notice or god forbid even a red corner notice issued against a NRI by contacting USA Immigration against the NRI husband using her false, wild/ bald and concocted stories.
    Therefore, Human Rights of a NRI may be invoked by understaindg some key human rights issues related to a NRI husband listed at:-
    http://www.humanrightsofnri.com

    Similarly, there may be men rights for nri's in India to guide them about real men rights activists in India and also teach them about some people with vested interests or political interests cartying out bogus men rights organisations at India Gate Delhi or elsewhere all over India. To know more, check:-
    http://www.menrightsfornri.com

    if any help is needed then contact any time (24 hours):-
    http://freeconsultationonemail.aturchatur.com

    email:- aturchatur@yahoo.com

    or visit the website:-
    http://passportseizureand498anritravelingtoindialocissue.mancell.org/

    ReplyDelete
  5. A Non Resident Indian (NRI) husband may start looking for best NRI Lawyer in Delhi when his wife goes to Crime Against Women Cell (CAW) in Delhi and she files multiple false cases against the Non Resident Indian Husband vis-a-vis false dowry claims.

    Instead of a best NRI Laqwyer in Delhi or a best NRI Dowry cases lawyer in Delhi or a best 498a counter cases Lawyer in Delhi or best advocate in Delhi, it is suggested to the NRI to get in touch with aturchatur and file a LTR as per the given link below:-
    http://www.socialstigma.in/2017/10/how-to-close-false-caw-or-false-fir.html

    Hence, when a Non Resident Indian's wife leaves USA and goes to India without his consent or avoids to come back to USA/ abroad with the NRI, then the NRI must immediately file a LTR instead of waiting for the wife to take a step ahead.

    Similarly, a LTR Fair and Unbiased Investigation and also a LTR Protection from False and Arbitrary Arrest and also a LTR Protection from False Cases, are the three major types of LTR which a NRI may file immediately when a wife goes to CAW or a FIR is lodged at PS.

    if any help is needed then contact any time (24 hours):-
    http://freeconsultationonemail.aturchatur.com

    email:- aturchatur@yahoo.com

    or visit the website:-
    http://falsenri498abestlawyernridivorcedowrycasesindelhi.mancell.org/

    ReplyDelete
  6. A Non Resident Indian (NRI) husband may get issued against him a proclamation order under section 82 of the criminal procedure code but as per sub section (4) of section 82 of the crpc, such a proclamation order is false and arbitrary and is therefore null and void in cases relating to matrimonial disputes because section 498a ipc is not registered as a crime under sub section 4 i.e., list of crimes for which such an order may be passed.

    Hence, a NRI may not be made a proclaim offender or absconder in a false 498a ipc FIR. And even in cases of Indian resident husbands, the proclaim offender may not be legally or technically issued against a husband in a matrimonial dispute involving section 498a ipc or 406 ipc or 34 ipc charges

    And even in matters pertaining to 120B or Dowry Prohibition Act 3 & 4 rules, i.e., 3 & d/p act, the PO may not be declared legally or technically by the court, and if any court issues any such illegal orders then this needs to be challenged. For details please visit:-
    http://proclaimedoffender.blogspot.com/

    Similarly, for a Red Corner Notice or a Look Out Circular Notice against a NRI (Non Resident Indian) husband need be cancelled immediately and the passports seized need to be revoked but after knowing the right steps for:-
    http://howtocancelfir.aturchatur.com/2018/05/how-to-cancel-look-out-circular-as-per.html

    Similarly, Section 498a ipc is being grossly misused in India and due to this reason there is possibility of creation of a men cell in delhi by the government of india in near future but if you wish to know What is Section 498a? and Is Section 498a non bailable?
    Is 498a applicable after 7 years?
    Can 498a case be withdrawn?
    then you need to update yourself with 498a amendment vis-a-vis section 498a punishment and also punishement for wife who files false 498a charges against husband as per the 498a judgments and therefore the punishment for misuse of 498a may act as a deterrent and also as protection against section 498a ipc so get yourself with 498a latest update in 498a cases by visiting the following link:-
    https://howtocancelfir.aturchatur.com/2019/03/498a-ipc-by-atur-chatur.html

    if any help is needed then contact any time (24 hours):-
    http://freeconsultationonemail.aturchatur.com

    email:- aturchatur@yahoo.com

    or visit the website:-
    http://proclaimationordersection82issuedagainstnriusauk.mancell.org/

    ReplyDelete
  7. Atur Chatur Sir from NRI 498A HELPLINE may suggest the Non Resident Indian (NRI) some fighting tactics to those NRI's whose wives have filed false 498a ipc FIR against them and such NRI husband may not have to come to India to fight or close a false 498a ipc FIR and any such false 498a and false divorce and false domestic violence complaint filed by wife in India need to be fought from abroad party in person without using the servivces of any advocate.

    Atur Chatur may suggest you the right legal procedure after FIR under section 498a of Indian Penal Code. This procedure under the legal or technical terms is called as fair and unbiased investigationbut if the FIR is false then the investigation is bound to be false else either the complainant or the enquiry officer may get in trap of the clutches of law for getting a false FIR registered hence also in cases where the false FIR is registered by complainant using M power by the complainant wife then she may again use the M power to bribe the investigation officer because the FIR is false and when a FIR is false then the procedure for investigation has to be biased otherwise a B Report may get presented instead of a Charge Sheet.

    Hence, the right legal procedure for investigation after FIR requires:-
    (a) FAIR INVESTIGATION
    (b) Unbiased Investigation
    (c) Procedure to investigate each and every allegation
    (d) Procedure to issue CrPC 91 Notice to the complaint to submit proofs or evidences in support of her false, wild, bald allegations, after thoughts and concocted stories.

    In Delhi, there may be team working to help against false FIR in Delhi or to help against false CAW Cell Complaint by Wife in Delhi, who in order to harass their Non Resident Indian husbands from USA/ UK etc may try to extort money from them vis-a-vis Legal Extortion hence, the Delhi Men Rights Activists or Men Cell Delhi may be contacted at:-
    http://mencelldelhi.mencell.org

    Therefore, it can be seen that after FIR, the procedure for investigation after FIR demans strict counter action against a false FIR complainant as and when it is established that the allegations are false i.e., without any legs to stand on.

    When Prima Facie no case is made out i.e., when the case is not maintainable under the eyes of law, then as per the right technical and legal procedure after FIR, the investigation officer needs to prepare counter Charge Sheet against the complainant wife who lodged false FIR against the NRI husband deliberately and wilfully.

    if any help is needed then contact any time (24 hours):-
    http://freeconsultationonemail.aturchatur.com

    email:- aturchatur@yahoo.com

    or visit the website:-
    http://nrifightingdivorce498afromabroadwithoutcomingindia.mancell.org/2019/02/atur-chatur-on-procedure-for.html

    ReplyDelete
  8. Men's Helpline in Delhi for NRI's is provided. The help is also provided to men/ boys/ husbands who are not a NRI (non resident indians)
    http://mencelldelhi.mencell.org
    Call:- 9873540498

    Domestic Violence & Dowry Laws Experts are available for the NRIs & also for the Indian Businessmen trapped in false police complaints by their wives. If you have difficulty in learning the Domestic Violence & Dowry Laws & 498a or CrPC 125, then we can train you very well in all these areas. We specialise in False FIR 498a, False FIR Domestic Violence & Dowry Laws & False FIR CrPC 125 also.
    Our students are highly satisfied & have now good command in 498a & Domestic Violence & Dowry Laws & CrPC 125 respectively. We have different teachers for different levels of 498a, Domestic Violence & Dowry Laws & CrPC 125. We provide 498a Expert in Delhi, CrPC 125 Expert in Delhi & also Domestic Violence & Dowry Laws Expert in Delhi
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