Anonymous
Asked August 04, 2016

Filing of FIR

  • 2 Answers
  • 212 Views

In case, both of the concerned Police stations not registering FIR on grounds of jurisdiction. I am left with no other option but to send complaint to both of them. Whether it will have any adverse impact on me. Which authority is responsible for deciding the jurisdiction, in case of dispute?

Answers 2

Dear Sir,

In this case If concerned Police stations not registering FIR on grounds of jurisdiction then you may file Criminal complaint in the Court of Judicial Magistrate through your lawyer or by self, which under the pecunary jurisdiction of your area & after that Judicial Magistrate will give proper direction to concern police station.  

Agree Comment 0 Agrees 12 months ago

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Ashwini Panwar

As far as I know, until it’s not a false FIR; it would not have an adverse Impact on you. As per the Supreme Court, you cannot have two FIRs for the same offence until both the FIRs have a different version (Anju Chaudhary v. State of U.P., (2013) 6 SCC 384). So, going on under the assumption that you filed the same FIR, the second FIR will not be considered.

As far as the jurisdiction is considered, that is supposed to be dealt by the police themselves. Under Section 154 of the Criminal Procedure Code, every Police officer is by law, bound to register an FIR. As you have experienced, it could get tough to figure out which police station to lodge an FIR at. So, a provision of Zero FIR was introduced as per the recommendations of the Justice Verma Committee Report in the Criminal Law (amendment) Act, 2013 after the horrific Delhi-gang rape incident. Now, every FIR has a unique number, a zero FIR has the number zero and it can be filed anywhere. So, once the Police Officer has filed the FIR, it is their job to figure out the jurisdiction and the file is transferred to that Police station where the FIR gets its unique number. So, the Police station cannot say no registering an FIR and it becomes their job to transfer it to the right Police Station. You may take the famous case of Asaram Bappu, the offence occurred in Jodhpur but the victim was in Delhi. The victim lodged an FIR at the Kamla Market Police Station, Delhi and the FIR was transferred to Jodhpur for the Police to take up investigation for the offence.

If the Police Station has refused to register an FIR, the information can be sent to the Assistant Commissioner of Police or Deputy Commissioner of Police in writing. If the FIR is not registered even after this, Under Sec. 190 of the Criminal Procedure Code, a private complaint with the Magistrate can be filed.

Agree Comment 0 Agrees 12 months ago

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