Last Updated on June 10, 2018 by Legalseva.net
Policemen are just like you and me and hate extra work. Do wait for your turn/time they will hear you. Police people are overburdened and short of staff always, irony of this country but some are really genuine and helpful. They will listen only when they want to.
Let’s assume you to be innocent and hear your story. Sorry I am just trying to be a criminal lawyer here.
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Either you will dial 100 so that police can come and hear your complaint or you will visit the police station assuming you know where it is at your location. For someone it can be their first visit in their entire life. Who knows? Crime never informs, it just happen unlike love which is gradually. Exceptions to love at first sight J
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Back to our complaint. Just answer this to the police; what happened, when, why, who were present, who did what with whom, said, broke, took, rob , cause injuries. Article used to harm , witnesses, motive behind the incident and a brilliant narration of entire saga of facts. You can give it in writing or oral statements to police but best would be in writing.
Police will give you DDR or receipt of the complaint only if you ask otherwise they will never give it. Mostly it is written in local language like Hindi, Punjabi so that you can’t understand it and never in English. It should be read over to you and you can ask for a translated copy as a matter of right.
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Then police officer takes time to solve the issue. He calls the accused and tries to make pact with complainant and find peace.
In heinous offences like rape, against children, Murder, Senior Citizens, and crime against women, straight away FIR is lodged. You need not to run to police station again and again but you may have to. Depend on the Police Officer posted at Police Station.
He will call you as well for one to one discussions with the accused so that settlement is arrived and police don’t have to register a FIR otherwise it is a lot of work for them once FIR is registered.
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If no compromise is reached and cognizable offence is made out, FIR is registered. Delay in lodging FIR is what causes harm to the complainant once the case reaches to court.
If the police refuses to register your complaint, you may approach to the SSP and give complaint in writing preferably by a registered post. Within a week if any progress or steps are taken, you can hold the process or move to the court for registration of FIR.
If police official is asking for bribe then inform the vigilance department and they will take care of the matter. Further to put pressure, you may also approach State or National Human Rights Commission for registration of FIR.
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Some criminal lawyers suggest approaching high court straight away before magistrate which not correct. Only after refusal from magistrate you can approach High Court either in Revision or Appeal.
In certain cases, police officer can be charged under 166A(c) and be sent behind the bars for more than 6 months to two years and also liable to fine.
Registration of FIR can be done under 156(3) of CrPC by Magistrate if prima facie cognizable offence is made out.
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If even magistrate declines to register a FIR, then move a private complaint before him and give evidence that such offence took place and the accused’s motive is clear to harass the complainant and bring harm.
On satisfaction of Magistrate in private complaint, he may order further investigation or give instructions to police to register a FIR. It may take 1-2 years for magistrate to reach this stage. So collect all your evidence and witnesses beforehand.
Giving a police complaint and registration of FIR are two different things. You must not confuse it. The end result of complaint is FIR registered under relevant sections of IPC e.g. section 323, 326, 509 of IPC.
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Once the FIR is registered, criminal case akin trial begins in court. If sections are bailable, bail is given otherwise not. You will contest your case in court. Public Prosecutor will fight your case but if you need other advocate he can also fight for you. You will give evidence of crime with witnesses and statements before judge and accused will also do the same. The best person to lead evidence in court takes the charge. You can break the evidence in cross examination while pointing out the difference in testimonies of accused witnesses.
And then the final arguments. Court reserves its order. If courts found the accused guilty, then one more date for quantum of punishment and the accused can then appeal against the decision.
This is in short a criminal trial, the aftermath of a police complaint. Your complaint should be drafted meticulously with all these possibilities in mind. Going out of complaint becomes difficult in trial and to bring new facts, it becomes impossible.
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So always better to consult an experienced /expert criminal lawyer who diligently knows what to include in the complaint and what not.
Hope I am able to put my point across. Need my assistance, just dial 99888-17966 and say LegalSeva.
Stay informed, Stay Strong.
