Criminal Complaitns & FIR Lawyer in Delhi

The filing of the Criminal Complaint is divided into two caterories under Criminal Procedural Code.
The offence which are cognizable in nature and the other which are non-cognizable.

1. If the offence is of cognizable in nature than the Police must register the FIR under section 154 of CrPC. A Police officer shall register the FIR of a cognizable offence on the written or oral information of the offence given to him. The FIR can registar on the information given by the victim himself/herself or by any any other person having the knowledge of incident. Whether the complaint is given in writting or reduce to writing by the Police officer it shall be signed by the person giving it.

If the police officer incharged refused to register the FIR (First Information Report), the aggrived person may send such information in writting or by post to the concerned Supritendent of Police, by satisfiying himself that the information is of cognizable in nature, he shall either investigate himself or direct the to the subordinate police office to investigate the matter. The FIR is the first step of the criminal case which contains of the information related to the incident. 

1. If the police refuses to registre the FIR in cognizable case:

If the police fails or refuse to registar the FIR under 154 in a cognizable offence then the aggrieved has a right to moved before the Magistrate under section 156 (3) for the registration of FIR in congnizable offence. While satisflying himself the concern Magistrate who is empowered under section 190, shall direct the Police to investigate the matter and registar the FIR. The section under 156 (3) can also be excerised by even after filing of the report under section 173.

1. In case, if a complaint is received by the Magistrate, the power to take cognizance on the basis of such complaint is under Section 190 of Cr.P.C. However, further action on such complaint has to be taken under Sections 200-204 of Cr.P.C. Under Section 200 Cr.P.C., the Magistrate is required to record the statement of the complainant on oath, and also of other witnesses, if present. The objective sought to be achieved by Section 200 is that a large number of complaints are filed by private individuals, many of which may be frivolous complaints. Therefore, it is considered necessary to verify the details of such complaints by examining the complainant on oath under Section 200 of Cr.P.C. In certain “complaint” cases, action may have to be taken by the magistrate under the provisions of Section 202 Cr.P.C., i.e., an inquiry by the magistrate himself or an investigation by police, etc. After these steps, if the magistrate does not find sufficient ground to proceed further, he may dismiss the complaint under Section 203 of Cr.P.C.; on the other hand, if he finds sufficient ground to proceed or satisfied himself, he may issue process under Section 204 of Cr.P.C.

In non-cognizable offences, no police officer shall power to investigate the matter without the prior order of the Magistrate. But in case, where their are more then one section is involved and if any of section is of cognizable in nature then the case must be treated as cognizable case and the FIR must be registered by the police. Police office shall not arrest  a person in non-cognizable offence under the specific order of the warrant against that person by the concern Magistrate.

Hence the cognizance can be taken by three ways as discribe below:

1. When the chargesheet is filed by the Police under 173 in case of FIR, the Magistrate will frame the charges and take the cognizance.
2. Through filing of Complaint under section 190, 200 CrPC by the complainant himself, the Magistrate shall take the cognizance on the bases of statement recorded of the complainant on oath.
3. On Magistrate’s own knowledge or informations recieved by the person any person other than police.