Procedure to Lodge First Information Report

Procedure to Lodge First Information Report:

If a criminal offense has been committed, any person can lodge a First Information Report/F.I.R. by making an application to the station house officer/SHO of the police station which has territorial jurisdiction on the place on which the offense has been committed. This means that it is not necessary that only the victim of an offense as to Lodge an F.I.R. it can be lodged by even a stranger.

Under Criminal Procedure Code, the police is bound to Lodge a First Information Report on any information that an offense has been committed. However, if the police refuses to Lodge in an F.I.R. then it does not mean that the person is without any legal remedy.

Such a person can file a petition in High Court (for example Punjab and Haryana High Court at Chandigarh) through best criminal Advocate in Chandigarh stating that since the police is not taken any action on a written application made by the person, the concerned police officers should be directed to take legal action. An application can also be made by criminal defense attorneys in Chandigarh before judicial Magistrate first class seeking the direction that the police should Lodge a First Information Report. The judicial Magistrate has wide jurisdiction to deal with such petitions/applications.

 After hearing the arguments of the lawyer for the complainant, the magistrate can deal with the application made before him in several ways. He can ask the police to investigate the case. He can also direct the police to Lodge First Information Report on the basis of the application. If he thinks that no offense is made out from the facts mentioned in the application, he can dismiss the application. And lastly, he can treat the application as a criminal complaint.

In certain cases the accused persons are very influential. They have power to influence police officials and state administrative authorities. In such cases petition can be made in Punjab and Haryana High Court at Chandigarh that the case be investigated under the supervision of judicial Magistrate or a retired or sitting judge of High Court Chandigarh.

In certain cases where influential politicians are accused of committing offenses under Indian laws, petitions can be filed in Supreme Court of India seeking transfer of investigation and trial to states outside the ones in which such politicians have influence.

In rare cases, Punjab and Haryana High Court at Chandigarh has powers to transfer the cases to Central bureau of investigation (CBI).

Therefore, if the police refuses to take action on your criminal complaint, you should never try or try to influence the police. Instead, you should take legal measures to get relief and should consult a lawyer who can guide you so that First Information Report can be lodged on your behalf.

CRIMINAL LAW