Thursday, September 29, 2022
No menu items!
HomeNEWSFrom FIR to writ, when to lodge a complaint, when to go...

From FIR to writ, when to lodge a complaint, when to go to court, know every detail

New DelhiWhere do you go if something goes wrong with you? Who has to complain whether he should go to the police station in every case or even the door of the court can be knocked. It is important to know all these issues. Many questions related to law will be running through your mind. So let’s find out-

When to file a complaint with the police?
Advocate Rajiv Malik points out that if the case belongs to the non-informative category such as minor assault, criminal defamation, assault, etc., then the case is not registered directly but the police are not aware of the complaint. Is cognizable. Report means NCR. And if necessary, the case is referred to a magistrate.

When the case involves a serious offense, such as murder, rape, robbery, burglary, or a non-bailable offense such as other serious offenses, the police in that case register an FIR directly on the complaint. CRPC Under section 154 of the IPC, the police have a duty to register a case in connection with a countable offense.

What will happen if no case is registered in the police station?
Advocate Manish Bhadauria said that if the police refused to register a case for a serious and countable offense, the complainant could send a complaint to the SP or DCP of the area. The police, with the help of the complainant’s counsel, registered a case before the area magistrate of the concerned police station. -156 (3) CrPC (CrPC Section-156 () 3), and then the court, if satisfied with the complaint, orders the case to be registered.

What is Zero FIR?
Senior Advocate KK Menon states that if the offense against the complainant has not taken place in the jurisdiction of the police station where the complainant reaches with the complaint, the police will have to register a case on the basis of the complainant’s complaint. . If the case is related to a countable crime, the case can be registered in any other area, regardless of the area of ​​the country.

There is no delay in reporting the crime to the police, so it is important to lodge a complaint. The police will not only make an FIR but also conduct a preliminary investigation so that the initial evidence is not destroyed. After such investigation, the police sends the investigation report and FIR to the concerned police station. The FIR registered in this process is called Zero FIR.

When does a consumer go to court?
Delhi High Court advocate Falak Mohammad says that when the matter is related to consumer rights, there is no complaint in the police station or any court, but for that, district consumer courts have been set up in every district of the country. Wherever you are a consumer and the service has been neglected or the rights of consumers have been violated, not in the police station, but in such a case the complainant can file a case in the Consumer Forum of the area itself, ie in writing. Can complain The consumer court may issue a notice to the defense on the basis of that complaint. If the complainant wishes, he can seek the help of a lawyer for the complaint or petition.

In which case the door of High Court or Supreme Court can be approached directly?
Senior counsel Ramesh Gupta said that if the case is related to one’s fundamental rights. If the fundamental rights of an individual are being violated or the rights of the people are being violated in the larger public interest, then in such a case a writ has been filed directly in the High Court of the area under section 226 (section 226). Let’s go. Or if the matter pertains to two states or the whole country, a writ under section 32 may be filed in the Supreme Court.

Sections 226 and 32 can be applied in case of any violation of fundamental rights. But at the same time, if the matter is related to the public interest, then with the help of these two articles a public interest petition (public interest litigation) i.e. public interest petition is filed. In case of public interest litigation or violation of fundamental rights, the writ is not filed in the lower court but is filed directly in the High Court or the Supreme Court.

Has a PIL also been filed?
If the matter is in the public interest, then any citizen of the country can write a letter to the High Court or the Supreme Court in this regard. When the letter reaches the High Court or the Supreme Court, it is examined and when the High Court or the Supreme Court deems it appropriate, it may turn it into a PIL.


Source link



Please enter your comment!
Please enter your name here

Most Popular

Recent Comments