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Any person can lodge the FIR

Shivendra Pratap Singh

Advocate

07/06/2019

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My friend told me that his phone had snatched. Moreover, he didn’t know how to file online fir. So he told me to do so. So I registered an online FIR. Today police came to my home and threatened my family members and me not to file fir of other persons. He also slapped me. In this case, was I at fault. Is it my duty to verify fact before filing fir.

Question from: Rajasthan

The FIR is information about the commission of a cognisable offence. Section 154 CrPC provides the procedure for recording of First Information Report. The officer in charge of the polices station upon receiving the information bound by law to record it immediately.

Section 154 CrPC does not mandate that only victim of the crime shall record the FIR. Any person knowing the commission of offence can register the FIR. Hence, you did nothing which is unwarranted under the law. Moreover, you have performed a fundamental duty of the citizen to inform the police officer about the offence and set the criminal law in motion.

If information discloses the commission of a cognisable offence, it does not matter that who have given such information. In Parkash Singh Badal v. State of Punjab, (2007) 1 SCC 1 the Supreme Court held that the police officer can not embark upon an enquiry as to whether the information laid by the informant is reliable and genuine.

On the other hand, the officer in charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence. If the police officer refuses to register the FIR, he violates the statutory duty cast upon him.

You have filed an online FIR. It was the duty of the police officer to initiate the investigation. He should have proceeded to the place of the incident, but instead of it, he reached to the complainant’s and gave threats. The police officer has committed an offence of criminal intimidation. You may proceed against him and approach the Superintendent of Police. You should file a complaint against him and if possible approach the High Court under writ jurisdiction.

A police officer is the agent of state government. He represents the state. If he encroaches the fundamental right of a citizen, the state shall be liable therefor. Article 21 of the Constitution of India guarantees the personal liberty of every person. You can file a writ before the High Court under Article 226 for the compensation and taking stringent action against the delinquent police officer.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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