The investigation without registration of FIR is impermissible in law

t

Question asked on: 15/08/2019

A police officer is trying to harass me in the false investigation. He says that an offence of cheating is registered against me. After that, I contacted an advocate to find the said FIR. He told me that no such FIR has lodged in the police station.

The police officer is investigating without any FIR. He did not tell about the nature of the allegation. Who is the informant? What is the actual case against me? Sir, please help.

Advised by: Mr. Shivendra Pratap Singh, Advocate

First, we should see the prevailing law towards the investigation. The police have an exclusive power to investigate the crime, but this power is not absolute and unfettered. Section 154 and 157 of the code of criminal procedure (crpc) regulate this power.

According to those sections, police cannot investigate a crime without lodging the FIR. The FIR is mandatory because it gives details of the criminal act, name of accused etc. Hence, the provides that any person can lodge the FIR because it furnishes first-hand information about the crime.

Section 157 crpc requires that the investigating officer must convey that information to the Magistrate before initiation of the investigation. An investigation without sending that report is void.

In Lalita Kumari vs Government of Uttar Pradesh (2014) 2 SCC 1; the Supreme Court held that recording of FIR before conducting an investigation is mandatory.

Fair investigation

The fair and impartial investigation is a fundamental right of the accused. Nirmal Singh versus the State of Punjab (2009) 1 SCC 441, Babubhai versus State of Gujarat (2010) 12 SCC 241. 

The accused has a right to know about the allegation made against him. In the absence of FIR, the police cannot provide such information to the accused. Therefore, the recording of FIR is mandatory for a fair investigation.

In the current circumstance, you can quash this investigation. You may file a petition before the High Court under section 482 crpc. This section empowers the court to stop an unlawful proceeding.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 18706

Consultation: 3832

Cheque bounce case

Within what period of time can i expect justice for a check bounce case? (either I have to get money or action against the person who issued the check) . a. if he fails to pay, what would be the minimum and maximum legal action against that person? What would be the...

Prosecution after retirement

Can a department prosecute to its employees after retirement for his Negligence to fulfil his duties?You did not mention details about your employment and the year of retirement. Generally, every civil service rule has a limitation period for prosecution of the...

Cheque bounce case against company

I’m running a small factory and in course of my business I used to received some cheques from companies. One of my client committed offence under section 138 Negotiable Instrument Act. Is it mandatory to give notice to all the directors of the company? No need to send...

Cruelty committed in UK by NRI husband

My husband is a British citizen, and I’m his wife, an Indian citizen. We married on 6 May 2018 in India. After that, my husband was doing my visa of UK when he left India after marriage to the UK. I got my UK visa I went to the UK, and I lived there for two months....

Father in law filed false case of dowry death

My marriage was solemnised in year 2010 at Patna, Bihar. My father in law and his family known to us for long time. He filed false case of dowry death against all the member of our family. In year 2014 December my wife met an accident and it was hospitalised for...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now