The investigation without registration of FIR is impermissible in law

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: Shivendra Pratap Singh,

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.

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Shivendra Pratap Singh

Advocate, Lucknow

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