What Happens Once An FIR Has Been Registered?

What Happens Once An FIR Has Been Registered?

How to Close FIR

Email:- aturchatur@yahoo.com

What Happens Once An FIR Has Been Registered?

 police investigation procedure after fir G

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-        C report i.e., withdrawn by the complainant as he gave FIR with misunderstanding and now he has informed that he misunderstood the crime or whatever

-        If court is satisfied only then the FIR may be cancelled or withdrawn etc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.

Email:- aturchatur@yahoo.com