Likelihood of commission of crime not to be included in FIR

The Madras High Court has directed the State police not to mention the likelihood of commission of a crime in the First Information Report (FIR).
For representational purposes
For representational purposes

CHENNAI: The Madras High Court has directed the State police not to mention the likelihood of commission of a crime in the First Information Report (FIR).A direction to this effect was issued by Justice C T Selvam to the Director-General of Police (DGP), while allowing a petition from one Rajkumar of Tirupur district, last week.

The petitioner sought to quash an FIR registered against him by Dharapuram police. An information of likelihood of a breach of peace had been registered as a crime the in FIR. He contended that information of such a nature ought not to be registered as a crime. This erroneous practice was being followed by police personnel in many police stations, he said.

Allowing the petition, the judge observed that the FIR was meant for recording information of cognizable offence in keeping with section 154 CrPC. The likelihood of commission of offence is not to be entered therein. It would be appropriate that whenever police receive information which might necessitate action by an Executive Magistrate under section 107 to 110 CrPC, the same be entered in a separate register and requisition for action thereupon be made to the Executive Magistrate. A copy of the court order may be sent to DGP, Tamil Nadu, for issuing appropriate directions to police, the judge said.

Related Stories

No stories found.
The New Indian Express
www.newindianexpress.com