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What is the difference between petition and FIR ?


17-Jul-2024 (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 fir and petition , when I get FIR how many days it may took I get copy
Answers (3)

Answer #1
206 votes

An FIR (First Information Report) and a petition serve very different purposes in the legal system:

  • An FIR is a document lodged with the police when someone reports a cognizable offense (like theft, assault, or murder). It kickstarts a criminal investigation and can lead to the filing of a charge sheet and trial.

  • A petition, meanwhile, is a formal written request to a court or legal authority. It's used to seek legal remedies, such as protection orders, writs, bail, or even to challenge FIRs themselves. Petitions can apply to both civil and criminal cases.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
869 votes
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.
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Advocate Rajagopalan

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Answer #3
617 votes
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.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 5+ Answers
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