After how many days of FIR can we file case in the court

494 votes

If the police are not investigating the matter of an FIR, you may take the following steps:

1. 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.

2. 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.

3. 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.

LawRato LawRato

620 votes

if any first information report is received it must be sent to court within 24 hours from the date of registering the crime. please see whether any receipt is given to you or not or else please encrypt your complaint in a white paper and register post to the concerned police station, superintendent of police, local magistrate having jurisdiction and district collector then only it will get registered and you can get justice

Advocate Innamuri Balasubramanyam LawRato

706 votes

If the accused arrested then Police have to produce him before Magistrate within 24 hours. If police have not arrested him means police is still investigating the case. There is no time limit for filing of a charge sheet though if an accused is in police custody or in judicial custody he is entitle to bail if charge sheet is not filed within 60 or 90 days under 167 Cr.P.C.

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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Advocate Sameer Hussain LawRato

828 votes

Hi
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.

Advocate Rajagopalan LawRato

181 votes

Since you have filed a 420 it's crucial to understand that it's considered a cognizable offence. This means that a police officer can arrest the accused without needing a warrant and can start an investigation, with or without the court's permission. If the police are not responding to you, they might still be investigating or searching for the person. Once the accused is arrested, the police must present them before a magistrate within 24 hours. If the accused is in custody, they have the right to get bail if the charge sheet isn't filed within 60 or 90 days, as per Section 167 of the Cr.P.C.

To answer your second question of how many days police complaint valid, there is no fixed time after you have registered the FIR to file a case in court. If you have registered an FIR, you should have received a receipt. If you receive no response, you have the option to file a complaint under Section 200 of the Code of Criminal Procedure, 1973, with the Magistrate having jurisdiction over the incident area. The Magistrate holds the authority to direct the police to investigate the case under Section 156(3) of the Code and the investigation will proceed. 

To learn more information and about fir is valid for how many days, read the criminal law guide on how to file FIR.

Advocate Chikirsha Mohanty LawRato

279 votes

The FIR remains in effect until the court has quashed it or the case is closed. The FIR has nothing to with the arrest of an accused. The police administration is responsible for the arrest of an accused person and follows the instructions issued by the courts.

Advocate Chikirsha Mohanty LawRato