First Information Report

FIR is the First Information Report given to a police officer in
cost by any aggrieved particular person referring to the fee of any
offence. Though FIR as a time period just isn’t outlined within the Code of
Criminal Procedure, 1973 (hereinafter known as
“CrPC”) however, Section 154 of the CrPC¹ pertains to FIR as
“information in cognizable cases”.

Registration of FIR

FIR given to a police officer is registered beneath
Section 154 (1) of the CrPC² which states that any
data referring to the fee of a cognizable offence, if
given orally to the police officer, shall be diminished to writing and
if given in writing shall be signed by the particular person giving it.

However, if the officer in control of a police refuses to report
such data, the aggrieved particular person might method the
Superintendent of Police beneath Section 154 (3) of the
CrPC³ who, if happy that
such data pertains to fee of a cognizable offence,
both examine the case himself or direct an investigation to
be made by any police officer.

Further, if the Superintendent of Police fails to analyze,
the aggrieved particular person might method the Magistrate beneath
Section 156 (3) of the CrPC⁴ who might order a police
officer to analyze a cognizable offence.

Quashing of FIR

There have been quite a few situations the place frivolous FIRs have
been filed towards individuals solely to harass them by the hands of
regulation. However, the Hon’ble High Courts in India beneath
Section 482 of the CrPC⁵ can train their
inherent powers to stop abuse of the method of regulation to safe
the ends of justice. Although, a petition might be filed beneath
Section 482 of the CrPC for quashing of the FIR,
the Hon’ble High Courts can invoke their powers beneath
Article 226 of the Constitution of India⁶ if the
Hon’ble High Court is satisfied that the facility of investigation
has been malafidely exercised by a police officer, and in such case
the Hon’ble High Court can difficulty a writ of mandamus restraining
the police officer from misusing his authorized 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 offers with the powers of
revision. This provision offers the High Courts or the Sessions
Courts jurisdiction to think about the correctness, legality or
propriety of any discovering inter se an order and as to the regularity
of the proceedings of any inferior courtroom. The Supreme Court of
India in Prabhu Chawla v. State of Rajasthan⁸ clarified that treatment
out there beneath Section 397 of CrPC for revision,
doesn’t bar the accused to method the High Court beneath
Section 482 of CrPC for quashing of the FIR.

Guidelines to be adopted by Courts whereas 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 guard the accused from malicious
prosecution.. The Apex Court issued seven tips which ought to
be adopted by the Court whereas exercising its inherent powers to
quash the FIR beneath Section 482 CrPC. Those seven
tips are as follows:

1. Where allegations made within the FIR doesn’t prima-facie
   represent any offence towards the accused.




2. Where allegations within the FIR don’t disclose a cognizable
   offence towards the accused.




3. Where allegations made within the FIR and the proof collected in
   assist of the FIR doesn’t disclose the fee of any offence
   towards the accused.




4. Where allegations within the FIR don’t represent a cognizable
   offence however represent solely a non-cognizable offence, no
   investigation is permitted by a police officer with out an order of
   a Magistrate.




5. Where allegations made within the FIR are so absurd and inherently
   inconceivable on foundation of which no prudent particular person can attain a simply
   conclusion that there’s ample floor for continuing towards
   the accused.




6. Where there’s an specific authorized bar supplied within the CrPC to the
   establishment and continuance of proceedings and the place there’s a
   particular provision within the CrPC or the involved Act, offering
   redressal for the grievance of the aggrieved celebration.




7. Where a legal continuing is manifestly attended with mala
   fide and the place continuing is maliciously instituted with an
   ulterior motive for wreaking vengeance on the accused and with a
   view to harass as a consequence of a personal and private grudge.

Conclusion

Thus, a frivolous FIR filed towards an individual to harass them at
the arms of regulation might be challenged by submitting a petition on the
Hon’ble High Court beneath Section 482 of the CrPC learn with
Article 226 of the Constitution of India and the High Court whereas
following the rules as laid down by the Hon’ble Supreme
Court of India in State of Haryana v. Bhajan Lal can train its
inherent powers to quash the FIR to guard the particular person from
malicious prosecution.

Karanveer Singh, Associate at S.S. Rana & Co. has
assisted within the analysis of this text.

Footnotes

1. 154 of CrPC. Information in cognizable
instances.

2. 154 (1) of CrPC. Information of a cognizable
offence, given to an officer in control 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 might order Police
Officer to analyze 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 difficulty sure writs.

7. 397 of CrPC. Calling for data to train
powers of revision.

8. MANU/SC/0979/2016

9. MANU/SC/0115/1992

For additional data please contact at S.S Rana &
Co. e mail: info@ssrana.in or
name at (+91- 11 4012 3000). Our web site might be accessed at
www.ssrana.in

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