Question; Preposition; Problem:
Offence has been committed and police is delaying and
refusing to register FIR (First Information Report) against accused.
Reasons:
There may be several reasons such as accused is influential person,
or police has taken bribe from criminals etc.
Answer; Remedy; Solution:
What remedy, solution is available to above mentioned
problem (preposition)?
Relevant Provision of Concerned law:
Section 22-A, 22-B and Section 154 of Code of Criminal Procedure 1898:
Section 22-A , of Code of Criminal Procedure deals with the “power
of Justice of Peace”, Section 22-B deals with the “Duties of Justice of Peace” and
Section 154 of Code of Criminal Procedure 1898 deals with “FIR” (First
Information Report).
Solution:
When police refused to register FIR (First Information
Report), the best remedy available is to move application under section 22-A of
Crpc (Code of Criminal Procedure, !898) to “Justice of peace” for lodging FIR (First Information Report).
Information disclosed
to Justice of Peace constituting a cognizable offence---Duty of Justice of
Peace in such circumstances to give directions for registration for F.I.R.
Justice of Peace calling for police report/comments for
deciding an application under S.22-A, Cr.P.C.---Validity---When it was alleged
in an application under S.22-A, Cr.P.C. that a cognizable offence had been
committed and same was not registered by the Station House Officer despite
applicant's complaint, then it was not necessary for the Justice of Peace to
call for comments or report from police in order to decide such an application.
Information disclosed to Justice of Peace constituting a
cognizable offence---Duty of Justice of Peace in such circumstances to give
directions for registration of F.I.R.---Scope---When an oral or written
complaint was made before the Justice of Peace in respect of an offence, he was
bound under S.22-A(6), Cr.P.C. to examine whether the information disclosed by
the applicant did or did not constitute a cognizable offence, and if it did
according to his own independent opinion as per facts narrated by the
applicant, then he was bound to direct the Station House Officer (SHO) to
register an F.I.R., without going into veracity of the information and irrespective
of any private or civil dispute between the parties.
Station House Officer receiving directions from Justice of
Peace to register F.I.R.---Duty of Station House Officer to register an F.I.R.
in such circumstances---Scope---Upon a direction issued by Justice of Peace,
concerned Station House Officer was bound to register an F.I.R. under S.154, Cr.P.C.,
whether the information received by him was false or correct and whether any
private or civil dispute between the parties was pending or not---Station House
Officer had no power to refuse to register the F.I.R., if the offence appeared
to be cognizable from the information received by him. (2013 P Cr. L J 117).
Function of Justice of Peace and Scope:
Function of Justice of Peace and Scope: Function of Justice
of Peace was to check whether the statement of the complainant intimating or
informing of the commission of any cognizable offence was recorded or not---Functions
of Justice of Peace did not include touching the merits of the case or giving
certain directions, which were beyond his scope of powers and jurisdiction. (2013
P Cr. L J 70)
Specimen of Application under section 22-A:
Click on the following link to get Specimen or Sample Application
(Application under section 22-A--- Justice of peace)
Application Under Section 22-A Code of Criminal Procedure
Application Under Section 22-A Code of Criminal Procedure
No comments:
Post a Comment