Question: What Is Difference Between Police Complaint And FIR?

What if police does not take action?

In case the Magistrate finds that the police has not performed its duty at all, or has not done it satisfactorily, he can issue a direction to the police to take necessary action and can monitor the same.

A magistrate can even ask to re-open the case after the submission of the final report by the police..

Can a police officer slap you in India?

1. Police are not “legally” allowed to slap /beat any person, UNLESS the person is resisting a legitimate arrest. 2. Police CANNOT summon /force you to go to Police Station, for any offences that might have been made by any complainant.

How do you quash a FIR?

Quashing of FIR /Complaint/ charge sheet under section 482 of the code of criminal procedure 1973- saving of inherent power of the High Court:An order passed under the code would be rendered ineffective; or.The process of any court would be abused; or.The end of justice would not be secured.

How is charge different from Fir?

FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence but a charge sheet is a formal document of accusation prepared by a law enforcement agency.

What does police do after Fir?

As for the police, once the FIR is registered, they have to investigate the case, record statements of all witnesses, and file a final report. If the police conclude that there is no basis for the complaint or no evidence available to prosecute the case, further action is dropped.

What happens if someone files an FIR against you?

According to it, the police have the right to arrest the accused person and investigate into the matter. If an offence is not cognizable, the FIR is not filed and in this case, the action is not possible without the intervention of the court.

Can FIR be taken back?

1) After lodging the FIR, the complainant has no role to take back. It is the Police/ prosecution to press for its closure based on ur statement. 2) May be to come out of the cases, he is pleading guilty. 3) If u withdraw the case, he can file case against u for false complaint.

Can complaint be withdrawn?

Complainant can withdraw a criminal complaint filed in the court by appearing for the Court and making a statement that he/she wishes to withdraw the complaint. Withdrawing is a matter of right. … The complaint is officially closed then.

Does FIR against a person means his career is finished?

Not necessarily and in all those case wherein FIR is recorded. As regards it’s affect on your career, it depends on what is your career. … Generally, if the false FIR is related to a petty quarrel with your neighbor, or a traffic accident case against you, it may not affect your career.

What happens after a complaint is filed?

When the plaintiff files the complaint with the court, the court issues a summons, which instructs the defendant to answer the complaint within a specific time dictated by the rules in the court where the complaint was filed. … The defendant generally must either answer the complaint, or move to dismiss the complaint.

Can FIR be filed without evidence?

Non-cognizable Offence A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission. The police may not investigate a complaint even if you file a FIR, when: … if the police do not give it to you.

What can you do if police harass you?

Whenever there is a situation where a victim is needed to go to a Police Station to Complain Against a Police Officer, always take a lawyer with you. If there is a need to file a complaint against a Police Officer, over his misconduct, the victim should file it in the commissioner’s office in the city.

What is FIR and its importance?

Each FIR is important as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police take up investigation of most types of cases. Anyone who knows about the commission of a cognisable offence, including police officers, can file an FIR.

Can FIR be withdrawn?

The FIR cannot be withdrawn if the FIR is false file quashing before the high court and the complainant can support you . The high court shall quash the FIR. … Anytime before charge sheet is filed he can withdraw complaint by writing a letter to the Station head of the police station where FIR is lodged.

How can I withdraw my criminal case from India?

The power to withdraw criminal cases is vested with the public prosecutor or assistant public prosecutor under Section 321 of the CrPC. According to the statute, at any stage before the judgment, the prosecutor can decide to withdraw prosecution against one or all offenders in a case under one or all offences.

How long is an FIR valid?

FIR will remain valid and it does not lapse with time. On completion of investigation, police has to file either a charge sheet or a closure report in the court under Section 173 of the Criminal Procedure Code. Till that time, the investigation is considered to be ongoing and validly being done.

Can FIR be Cancelled by police?

Once the Fir is registered, FIR cannot be canceled. Even when the complainants urge for the same. It can be disposed of only as per the manner prescribed under the Criminal Procedure Code. When the Offender cannot be traced even after making all possible efforts, and there are no changes for finding him in the future.

Why do police not file FIR?

If a police officer refuses to lodge an FIR because the case does not fall within their jurisdiction, deals with an offense which is non-cognizable in nature or it is outside their legal capacity to take cognizance of such an offense, in such circumstances the refusal to lodge an FIR is legitimate and justified.