AI Overview...
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FIR Registration and Investigation - A police officer must register an FIR upon receiving credible information about a cognizable offence. Failure to do so renders subsequent proceedings invalid, leading to acquittal of the accused. The officer in charge of a police station is responsible for registering the FIR and investigating the case as per Sections 154 and 157 of the Criminal Procedure Code (CrPC). Investigations should be initiated promptly once information is received, and the officer's powers are defined under the CrPC and relevant special statutes Ashru Alias Ashraf VS State of Karnataka - Karnataka, T. T. Antony etc. etc. VS State of Keralaetc. - Crimes, Upkar Singh VS Ved Prakash - Orissa.
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Police Powers and Officer Responsibilities - The police officer's authority to investigate, arrest, and seize evidence is confined to their designated powers under the law. Officers invested with powers under special acts (e.g., Narcotic Drugs and Psychotropic Substances Act, 1985) have specific limitations and are not necessarily the police officers of the station. The officer in charge must follow procedural protocols, including maintaining records like the station diary and General Diary, and ensure investigations are unbiased Sivakumar alias Kumar alias Sugumar, In re. VS . - Madras, Naveed Masih VS State of Punjab - Punjab and Haryana, Lalit Kumar Jain S/o Mohanlal VS State Of Karnataka - Karnataka.
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Consequences of Not Investigating Cross FIRs by Same Officer - If a different police officer, other than the one who initially registered the FIR, investigates the case, the proceedings are not automatically invalid. However, any deviation from procedural norms, such as failure to register an FIR or investigate a cognizable offence properly, can lead to legal consequences like case quashing or acquittal. The law emphasizes the importance of proper registration and investigation by the officer in charge of the police station to maintain procedural integrity Ashru Alias Ashraf VS State of Karnataka - Karnataka, Upkar Singh VS Ved Prakash - Orissa, Charu Kishor Mehta VS State of Maharashtra - Bombay.
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Summary and Conclusion - The primary consequence of a Cross FIR not being investigated by the same police officer who registered it is potential procedural invalidity, which may result in case dismissal or acquittal. Proper registration, prompt investigation, and adherence to legal protocols are crucial. Officers must exercise their powers within the scope defined by law, and any lapses can have serious legal repercussions Ashru Alias Ashraf VS State of Karnataka - Karnataka, T. T. Antony etc. etc. VS State of Keralaetc. - Crimes, Upkar Singh VS Ved Prakash - Orissa.
References: - Ashru Alias Ashraf VS State of Karnataka - Karnataka - T. T. Antony etc. etc. VS State of Keralaetc. - Crimes - Sivakumar alias Kumar alias Sugumar, In re. VS . - Madras - Naveed Masih VS State of Punjab - Punjab and Haryana - A. P. Civil Liberties Committee VS Government of A. P. - Andhra Pradesh - Baljinder Singh VS State Of Punjab - Punjab and Haryana - Lalit Kumar Jain S/o Mohanlal VS State Of Karnataka - Karnataka - Upkar Singh VS Ved Prakash - Orissa - Thamizharasan VS The State Inspector of Police, C. C. I. W. , Madurai South - Madras - Charu Kishor Mehta VS State of Maharashtra - Bombay
Search Results for "Cross Fir if Not Investigated by same Police Officer what Would be the Consequences"
2015 0 Supreme(Kar) 930 • India - Karnataka
PRADEEP D.WAINGANKAR
The police inspector received credible information and apprehended the accused, seizing fake currency notes. ... The failure to register an FIR rendered the proceedings invalid, leading to the acquittal of the accused. ... FIR Registration - Criminal Procedure - Sections 489-B and 489-C of IPC - Summary Fact of the Case: The appellants ... P.C. to register FIR at the first instance and thereafter to proceed to investigate into the case. Once the information is received, in relation to a cognisable offe....
2001 5 Supreme 131 • India - Crimes
S.S.M.QUADRI, S.N.PHUKAN
. in the station house diary, the officer in charge of a Police Station has to investigate not merely the cognizable offence reported ... The police officer to whom investigation is entrusted by the Superintendent of Police has all the powers of an officer in charge ... officer in charge of a police station is the First Information Report – F.I.R. postulated by Section 154 of Cr.....
1988 0 Supreme(Mad) 453 • India - Madras
ARUNACHALAM
officers not violative of the provisions of Section 37 of the Act. ... Psychotropic Substances Act, 1985- Section 37 - Limitation of power of arrest and seizure entrusted only to a particular class of police ... It would be redundant to include police officers as an Officer-in-charge of a police station in Sec.53. ... to investigate offences under the Act and that police officer:; not#H....
2013 0 Supreme(P&H) 893 • India - Punjab and Haryana
Hemant Gupta, Fateh Deep Singh
Police Officer, invested with police powers under the a Special Act, can file a complaint in terms of S.190 of the Code. ... Narcotic--Investigation--Empowered Officers of the NCB under the Act are not the police officers and not are bound to carry investigations ... , 1861, certain Officers of specified organizations have been invested powers of an Officer-in-charge of a Police Station. ... When ....
2009 0 Supreme(AP) 42 • India - Andhra Pradesh
GODA RAGHURAM, V.V.S.RAO, R.SUBHASH REDDY, RAMESH RANGANATHAN, G.BHAVANI PRASAD
police officer(s) so involved, is absolute and there is no immunity from this obligation. ... officer cannot be presumed and considered at the time of registration of crime—Whether act of firing would fall under right of self-defence ... an alternative to recording of information about encounter deaths—Obligation to disclose to Investigating Officer identity of the ... Palem Police Station is being investigated by the Sub-Divisional Police ....
2019 0 Supreme(P&H) 362 • India - Punjab and Haryana
RAJIV SHARMA, HARINDER SINGH SIDHU
the Assistant Commissioner of Police including the Gazetted Officer from the Food and Supplies Department. ... In the instant case, PW-6 Rakesh Kumar was the complainant and has investigated ... The State of Punjab is directed to issue direction to the police department that complainant should not be I.O. to obviate bias. ... Jayapaul wherein the Court posed the question whether the High Court was justified in quashing the criminal proceedings on the ground that the police of....
2019 0 Supreme(Kar) 517 • India - Karnataka
H.P.SANDESH
Constitution of India,1950 - Articles 226 , 227 and 19(1)(g) - Criminal Procedure Code,1973 - Sections 154 and 482 - Police ... Hubballi as per permit - PSI, Tadas Police Station, registered the case in Crime No.1/2019 for the offence punishable under Sections ... However, it is held as the concept of maintaining General Diary has its origin under Section 44 of Police Act of 1861 as applicable to States, which makes it an obligation for the concerned Police Officer to maintain a General diary, but suc....
2004 0 Supreme(Ori) 328 • India - Orissa
S.B.SINHA, A.K.MATHUR, N.S.HEGDE
CRIMINAL PROCEDURE CODE, 1973 - Secs. 154, 162 - F.I.R. - Lodging of Second complaint - Refusal to register complaint by police - ... complaint brought to his notice and investigate the same - Direction not hit by Sec. 162 - Secs. 161 or 162 does not refer to registration ... Petition under Sec. 156(3) before Judicial Magistrate - Open to the Magistrate at any stage to direct the police to register the ... In reaching this conclusion we have kept out of consideration the provision cont....
1991 0 Supreme(Mad) 84 • India - Madras
JANARTHANAM
Code of Criminal Procedure, 1974-Sections 154 and 157 - Police officer of a police station recording first information report if ... The police investigated the case and taking the view that it was false prosecuted the injured man under Sec.211, I.P.C. ... Clause 2(i) defines ‘Inspecting Officer’ and the definition is a means definition. According to Sub-clause (iii), any Police Officer not below the rank of Assist....
2010 0 Supreme(Bom) 1648 • India - Bombay
A.M.KHANWILKAR, A.P.BHANGALE
into a complaint-Police may not investigate a complaint even if an FIR filed, when-Case not serious in nature-Police feels that ... Criminal Procedure Code, 1973-Section 154-FIR-Procedure for recording of-Police Officer duty bound to register information (FIR) ... -In view of the proviso to Section 157 of the Code, the police may not investigate a complaint even....
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