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Difference between petition for criminal complaint and FIR
05-Jan-2023 (In Criminal Law)
we filed an complaint in police station but Sub Inspector given us Petition copy for criminal complaint but we are expecting FIR may I know difference between Petition & FIR when I get FIR how many days it may took I get copy
Hi
FIR is first Information report is prepared by police u/s 154 Cr.p.c after receipt of complaint/Information.
If police have not registered FIR based on your complaint, then police is violating supreme court orders after enquiry by police.
The rule is that after your complaint, police will do a preliminary enquiry and the preliminary enquiry is restricted to whether there is a cognizable offence committed or not. Preliminary enquiry is not a full blown investigation.
So in your case, it appears that police are not proceeding to register the FIR but instead trying to wash the hands off the complaint by making a general diary entry.
So if you have a cognizable offence, then you can approach the High court and get high court to direct the police to register the FIR.
Hope this information is useful.
FIR is first Information report is prepared by police u/s 154 Cr.p.c after receipt of complaint/Information.
If police have not registered FIR based on your complaint, then police is violating supreme court orders after enquiry by police.
The rule is that after your complaint, police will do a preliminary enquiry and the preliminary enquiry is restricted to whether there is a cognizable offence committed or not. Preliminary enquiry is not a full blown investigation.
So in your case, it appears that police are not proceeding to register the FIR but instead trying to wash the hands off the complaint by making a general diary entry.
So if you have a cognizable offence, then you can approach the High court and get high court to direct the police to register the FIR.
Hope this information is useful.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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What is meant by petition in police station?
A petition is presented to the court in legal terms by a person who is suing a respondent. Meanwhile, a complaint will be filed by someone who is suing a defendant. A petition is a request to the court for a court order. However, a complaint asks that the defendant be forced to stop or start doing something.
What is the difference between a petition and a FIR?
According to section 154 CrPC, the SHO at a police station must reduce the information to writing, in the prescribed format. This is the FIR, which gives the Police the authority to investigate the case. A petition is a prayer, request, or appeal. 27-Mar-2019
What is the difference between petition and complaint?
A complaint is made to the department concerned, while a lawsuit is filed before a court. The same thing is meant by an appeal being rejected or dismissed. What is the difference between an Appeal and a Petition? A petition is a request to a court higher to review the case.
Dear,
The police will give you a copy of FIR free of cost once they register the same. I assume from your statement that the police might have given you the stamped acknowledgement of your complaint registered. Contact the police and ask them to register FIR and give you a copy of the same. However, if the police is not helping you and registering FIR, approach High court via Writ petition and get a direction to the police to register FIR or file a private complaint in the jurisdictional magistrate court where the court will direct the police to register FIR and complete investigation.
The police will give you a copy of FIR free of cost once they register the same. I assume from your statement that the police might have given you the stamped acknowledgement of your complaint registered. Contact the police and ask them to register FIR and give you a copy of the same. However, if the police is not helping you and registering FIR, approach High court via Writ petition and get a direction to the police to register FIR or file a private complaint in the jurisdictional magistrate court where the court will direct the police to register FIR and complete investigation.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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A petition is an appeal made by a person or group of people in writing, usually before a court. A petition can be filed by an individual or group of individuals. A petitioner is a person who files a request in an action against the respondent.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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