Draft the following as per the instructions: A sample FIR assume facts. Comment 'Genuineness or creditability of the information is not a condition precedent for FIR'.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
Draft the following as per the instructions: A sample FIR assume facts. Comment 'Genuineness or creditability of the information is not a condition precedent for FIR'.
Answer & Explanation:
Specimen Form of First Information Report To The Officer-in-Charge ............ (Name of the Police Station) Sir This is to inform you that my cycle has been stolen from the cycle stand in the daily market last evening. Last evening, before I went to the market, I placed my green model Hero Cycle in the cycle stand No. 1 as usual. I had locked the cycle. The cycle bears the No. ............ I had bought it only a month ago and it was almost new. The cycle had a full gear case, a carrier and a side basket. When such mishap occurred I was buying vegetables in the market. I asked everybody who were present there about the cycle. It was all in vain. I request you to kindly register a case of theft and initiate the necessary investigation to recover the stolen cycle. Yours faithfully, (YourName) In Lallan Chaudhary and Ors v. State of Bihar, AIR 2006 SC 3376, the Supreme Court held that section 154 of the Cr.P.C 1973 casts a statutory duty upon police officer to register the case, as disclosed in the complaint, and then to proceed with the investigation. The mandate of Section 154 of the Cr.P.C 1973 is manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station, such police officer has no other option except to register the case on the basis of such information. The provision of Section 154 of the Cr.P.C 1973 is mandatory. Hence, the police officer concerned is duty-bound to register the case on receiving information disclosing cognizable offence. Genuineness or credibility of the information is not a condition precedent for registration of a case. That can only be considered after registration of the case. [Ramesh Kumariv. State (NCT of Delhi) and Ors, 2006 Cri.LJ 1622].
Topics: Criminal Procedure Code
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