85+ Lawyers are online 
Police not arresting accused FIR submitted how to proceed legally
26-Jun-2023 (In Criminal Law)
I HAVE SUBMITTED F.I.R. MEDICAL REPORTS ALONG WITH INJURY PHOTOS. WHY THE POLICE OR COURT TO ARREST THE ACCUSED
Hi,
With very limited or no background of your case, you have stated that police or court is not arresting the accused.
Well under the Code of Criminal Procedure, procedures have been laid down relating to the power of the police and magistrate directing for arrest of the person.
Under the said code, the police also have the powers to investigate and submit the report to the concerned court wherein the police may upon investigation of any complaint and the documents furnished to them will conduct an inquiry(without any arrest of the accused) and based on the said inquiry report would be submitted to the court (if the matter is already in the court) and based on the report which has been filed by the police the court may take appropriate actions as it may deem fit.
Hence, police is not obligated to arrest the person merely on the ground that a complaint has been filed against the accused.
Further detailed background of the case would be helpful to seek the appropriate remedy.
With very limited or no background of your case, you have stated that police or court is not arresting the accused.
Well under the Code of Criminal Procedure, procedures have been laid down relating to the power of the police and magistrate directing for arrest of the person.
Under the said code, the police also have the powers to investigate and submit the report to the concerned court wherein the police may upon investigation of any complaint and the documents furnished to them will conduct an inquiry(without any arrest of the accused) and based on the said inquiry report would be submitted to the court (if the matter is already in the court) and based on the report which has been filed by the police the court may take appropriate actions as it may deem fit.
Hence, police is not obligated to arrest the person merely on the ground that a complaint has been filed against the accused.
Further detailed background of the case would be helpful to seek the appropriate remedy.
Helpful?
44+
44+
Adv. Naman Saraswat
Bangalore | 25+ Answers
CONTACT NOW
Can police refuse to file an FIR True or false?
In two situations, the refusal of the police officer to submit an FIR can be considered legal. First, the complaint may be trivial, and second, the station might not have jurisdiction over the offence.
What happens to accused after FIR is filed?
FIR: The police will file a FIR immediately (for serious cognizable crimes like rape or murder). After a preliminary investigation, the police can lodge an FIR within 2-3 days. After filing an FIR, the police can arrest an accused person (without a Magistrate court warrant) to conduct an investigation or quiz him.
What is the validity of an FIR?
The FIR remains valid until the High Court quakes it or the police closes it by submitting a final report to the magistrate, and the magistrate accepts the report.
Can police make FIR without investigation?
As part of the preliminary investigation into a cognizable offense, the policeman has the right to arrest without warrant. The FIR must be registered after a cognizable offense.
Sir, FYI. court do not have power to arrest person a person directly but can order police to arrest the person within the stipulated time or immediately. There are various reasons that police would not arrest accused. You need to get the current status of the FIR from the station. You may also approach court to direct police to produce the accused in the court.
Helpful?
35+
35+
If the FIR is filed by the police means within 24 hours it has to be sent to the jurisdictional court for further action. Check about the case status at the court by taking your Crime No mentioned on the FIR. If no action has taken by the police means file one PCR against concerned police by that court will direct them to do their duty. Your question is incomplete anyhow.
Helpful?
31+
31+
Adv. Rajesh K.S
Bangalore | 500+ Answers
Chat
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.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
