First Information Report

FIR is the First Information Report given to a police officer in
charge by any aggrieved person relating to the commission of any
offence. Though FIR as a term is not defined in the Code of
Criminal Procedure, 1973 (hereinafter referred to as
“CrPC”) but, Section 154 of the CrPC¹ relates to FIR as
“information in cognizable cases”.

Registration of FIR

FIR given to a police officer is registered under
Section 154 (1) of the CrPC² which states that any
information relating to the commission of a cognizable offence, if
given orally to the police officer, shall be reduced to writing and
if given in writing shall be signed by the person giving it.

However, if the officer in charge of a police refuses to record
such information, the aggrieved person may approach the
Superintendent of Police under Section 154 (3) of the
CrPC³ who, if satisfied that
such information relates to commission of a cognizable offence,
either investigate the case himself or direct an investigation to
be made by any police officer.

Further, if the Superintendent of Police fails to investigate,
the aggrieved person may approach the Magistrate under
Section 156 (3) of the CrPC⁴ who may order a police
officer to investigate a cognizable offence.

Quashing of FIR

There have been numerous instances where frivolous FIRs have
been filed against persons solely to harass them at the hands of
law. However, the Hon’ble High Courts in India under
Section 482 of the CrPC⁵ can exercise their
inherent powers to prevent abuse of the process of law to secure
the ends of justice. Although, a petition can be filed under
Section 482 of the CrPC for quashing of the FIR,
the Hon’ble High Courts can invoke their powers under
Article 226 of the Constitution of India⁶ if the
Hon’ble High Court is convinced that the power of investigation
has been malafidely exercised by a police officer, and in such case
the Hon’ble High Court can issue a writ of mandamus restraining
the police officer from misusing his legal powers, thus quash the
FIR.

Difference between Section 482 of the CrPC and Article 226 of
the Constitution of India

Revision in Criminal Case

Section 397 of the CrPC⁷ deals with the powers of
revision. This provision gives the High Courts or the Sessions
Courts jurisdiction to consider the correctness, legality or
propriety of any finding inter se an order and as to the regularity
of the proceedings of any inferior court. The Supreme Court of
India in Prabhu Chawla v. State of Rajasthan⁸ clarified that remedy
available under Section 397 of CrPC for revision,
does not bar the accused to approach the High Court under
Section 482 of CrPC for quashing of the FIR.

Guidelines to be followed by Courts while exercising inherent
powers to quash the FIR

The Supreme Court of India in State of Haryana v. Bhajan
Lal⁹ held that the Hon’ble
High Court can quash the FIR to protect the accused from malicious
prosecution.. The Apex Court issued seven guidelines which should
be followed by the Court while exercising its inherent powers to
quash the FIR under Section 482 CrPC. Those seven
guidelines are as follows:

1. Where allegations made in the FIR does not prima-facie
   constitute any offence against the accused.




2. Where allegations in the FIR do not disclose a cognizable
   offence against the accused.




3. Where allegations made in the FIR and the evidence collected in
   support of the FIR does not disclose the commission of any offence
   against the accused.




4. Where allegations in the FIR do not constitute a cognizable
   offence but constitute only a non-cognizable offence, no
   investigation is permitted by a police officer without an order of
   a Magistrate.




5. Where allegations made in the FIR are so absurd and inherently
   improbable on basis of which no prudent person can reach a just
   conclusion that there is sufficient ground for proceeding against
   the accused.




6. Where there is an express legal bar provided in the CrPC to the
   institution and continuance of proceedings and where there is a
   specific provision in the CrPC or the concerned Act, providing
   redressal for the grievance of the aggrieved party.




7. Where a criminal proceeding is manifestly attended with mala
   fide and where proceeding is maliciously instituted with an
   ulterior motive for wreaking vengeance on the accused and with a
   view to harass due to a private and personal grudge.

Conclusion

Thus, a frivolous FIR filed against a person to harass them at
the hands of law can be challenged by filing a petition at the
Hon’ble High Court under Section 482 of the CrPC read with
Article 226 of the Constitution of India and the High Court while
following the guidelines as laid down by the Hon’ble Supreme
Court of India in State of Haryana v. Bhajan Lal can exercise its
inherent powers to quash the FIR to protect the person from
malicious prosecution.

Karanveer Singh, Associate at S.S. Rana & Co. has
assisted in the research of this article.

Footnotes

1. 154 of CrPC. Information in cognizable
cases.

2. 154 (1) of CrPC. Information of a cognizable
offence, given to an officer in charge of a police station.

3. 154 (3) of CrPC. Information of a cognizable
offence, given to Superintendent of Police.

4. 156 (3) of CrPC. Magistrate may order Police
Officer to investigate a cognizable offence.

5. 482 of CrPC. Saving of inherent powers of High
Court.

6. 226 of Constitution of India. Power of High
Courts to issue certain writs.

7. 397 of CrPC. Calling for records to exercise
powers of revision.

8. MANU/SC/0979/2016

9. MANU/SC/0115/1992

For further information please contact at S.S Rana &
Co. email: info@ssrana.in or
call at (+91- 11 4012 3000). Our website can be accessed at
www.ssrana.in

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