After how many days of FIR can we file case in the court
08-Dec-2023 (In Criminal Law)
If the police are not investigating the matter of an FIR, you may take the following steps:
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Write a complaint letter to the Superintendent of Police (SP) of the concerned district or to the Commissioner of Police (CP) of the city, detailing the inaction of the police in investigating the case.
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If there is still no response, you can file a complaint under Section 200 of the Code of Criminal Procedure, 1973 with the Magistrate or the Metropolitan Magistrate having jurisdiction over the area where the incident occurred. The Magistrate has the power to direct the police to investigate the case under Section 156(3) of the Code.
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If you believe that the police are deliberately avoiding investigation of the case due to some reason, you can approach the High Court or the Supreme Court and file a writ petition under Article 226 or Article 32 of the Constitution of India respectively, seeking directions to the police to investigate the case.
Can we file FIR after one year?
Can FIR be stopped once filed?
What is time limit for FIR?
What is the rule of FIR?
If you are aggrieved with police then you can always file a private complaint with Magistrate under 200 Cr.P.C. Good luck
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Any FIR filed under 420 case is a cognizable offence.
Generally, cognisable offence means a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court.
So, not sure why police want to take cognizance of the offence with the permission of court.
Courts generally take cognizance of such offences within 24 hours.
You should apply to High court and ask for directions for registration of FIR and commence investigation.
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FIR Registration:
- An FIR is the initial report filed with the police regarding a specific incident or crime. It is crucial to report the incident promptly to the police to ensure a proper investigation.
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No Fixed Time Limit:
- There is generally no fixed time limit specified in Indian law for filing a case in court after the registration of an FIR. The timing of filing a case depends on various factors, including the nature of the offense, the evidence collected, and the specific legal provisions applicable.
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Statute of Limitations:
- While there is no fixed time limit for filing a case, certain offenses may have a statute of limitations (also known as the period of limitation). This is the maximum time within which legal action can be initiated after the commission of the offense.
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Nature of the Offense:
- The time frame for filing a case often depends on the nature of the offense. Some serious offenses may have a longer statute of limitations, while minor offenses may have a shorter time frame.
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Collecting Evidence:
- The aggrieved party or the prosecutor typically needs time to gather evidence, witnesses, and prepare a solid case before filing it in court.
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Consulting Legal Counsel:
- It is advisable for the aggrieved party to consult with legal counsel to determine the appropriate time to file a case based on the specific circumstances and legal provisions relevant to the case.
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Prompt Action:
- In criminal cases, it is generally recommended to take prompt action by reporting the incident to the police and initiating legal proceedings as soon as possible to ensure a strong case.
Learn what are cognizable and non-cognizable offences and the difference between them with the help of this criminal law guide of India.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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