Advocate Akshay S Tilve

Questions Answered by Advocate Akshay S Tilve

Q: Police Remand..................

If police remand is given only for 14 days then why section 167 of CrPC says 60 days and 90 days? Is it a remand?

Advocate Akshay S Tilve answered
NO, it is not a police remand. Provisions under section 167 of CrPC falls for the magistrate custody. In simple words it is the time given to the investigation agency to complete the investigation and file the charge sheet. If the investigation agency fails to do so the accused are entitled to be released on statutory bail. 60 days and 90 days is the time limit to complete the investigation and file charge sheet.

Q: thieves broke lock of my flat and took my belongings , how to file FIR

i work in pune where i took one flat on rent . but because of lockdown im in my hometown. heres the thing happened..my flat owner call me a week before and said that thieves broked into flat and took my belongings. and suit case in which my all academic documents were present. and now i am unable to file FIR at pune police station as i cant travel there because of lockdown , and online FIR portal pune police not working . what should i do now , please suggest

Advocate Akshay S Tilve answered
THERE ARE TWO OPTIONS FOR THIS.Your Land lord can lodge the FIR.You can tell your land lord to file a FIR for house breaking and theft he has complete authority to lodge FIR as he is owner of the flat and you are not in a position to lodge a FIR.Second option is Zero FIR . you can lodge a FIR in your nearest police station and you should tell your odd circumstances and as you are unable to go there you may ask them to file zero numbered FIR .In this situation Your complaint will be registered and will be forwarded to the Police station Of Jurisdiction of Your Flat and The PUNE police will investigate the matter.

Q: Can criminal section in FIR can be update after Medical report

If the FIR filed with some criminal sections just after the clash between two parties, can sections in FIR can be updated after medical report of injury?

Advocate Akshay S Tilve answered
YES, the police officer or the investigating officer can add or alter the sections after arrival of the medical reports or at any other stage before filing of chargesheet. But he should take the supplementry statement of the complainant and as well as witnesses in order to strengthen the case after receiving medical reports and after addition of charges.