FIR after investigation is not permissible

Shivendra Pratap Singh

Advocate

High Court Lucknow

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FIR after investigation is not permissible. Recently, the Gauhati High Court dealt with a case concerning the detention of a woman and her infant at Bilasipara Police Station. The court became aware of the incident and subsequent investigation through media reports. Chief Justice Sandeep Mehta and Justice Devashis Baruah presided over the Division Bench that handled the matter.

The court strongly expressed concern over the actions of the officers stationed at Bilasipara Police Station. The officers filed a new FIR on 31st May 2023. Despite two prior First Information Reports (FIRs) being registered in connection with the killing of Baser Ali. This filing was irregular since an FIR cannot be lodged after the investigation has concluded. The court viewed this act as an apparent attempt to justify the detention of the woman. This act contradics the fundamental principles of criminal jurisprudence.

Recognizing the significance of the situation, the court acknowledged that a preliminary enquiry into the conduct of the officers had been initiated. The Director General of Police is overseeing this enquiry. Additionally, the court noted that they have transferred the officers involved, including the Superintendent of Police.

Considering these developments, the court issued directions for the Enquiry Officer and Investigating Officers to expedite the investigation process. Consequently, they were instructed to promptly submit the latest factual report pertaining to the case for the court’s review by 21st June 2023.

FIR after investigation

The Code of Criminal Procedure (CrPC) governs the process of filing a First Information Report (FIR) in India. According to the CrPC, the police typically lodge an FIR at the initial stage of an investigation when they receive information about the commission of a cognizable offense. The purpose of lodging an FIR is to initiate the investigation and set the criminal justice system in motion.

After completing the investigation, it is not standard procedure to file an FIR. The police are instead expected to submit their findings in the form of a final report under Section 173(2) of the Code of Criminal Procedure (CrPC). Filing a new FIR at this stage is generally considered irregular and contrary to established legal principles.