F.I.Rs in different offences

F.I.Rs in different offences



In conspiracy cases, a definite information which justifies registration of case, is fairely after making some enquiries. So it is not on every information that some persons are conspiring to do an illegal act that an F.I.R. should be registered. "A police man passes through three stages in conspiracy case; hears something of interest affecting the public security and which puts him on the alert; makes discreet enquiries, takes soundings and sets up informations and is in the second stage of enquiry or look out and finally gathers sufficient information enabling him to hit upon something definite and that is the state when first information is recorded and then investigation starts. Hence a preliminary enquiry made by the C.I.D. Police into relative information floating about as to the existence of the conspiracy, the names and other details of the conspirators not being known at the time is not investigation carried out u/s 156 Cr.P.C.

F.I.R. need only be registered when information is definite about conspirators and their acts disclosing commission of cognizable offence.

F.I.R. IN CORRUPTION CASES

In cases of corruption, not registered on traps laid, but on complaints, always a suitable preliminary enquiry into the allegation, is required. Such preliminary enquiries are relevant before the registration of case and are permissible under law. But as soon as it became clear to enquiring officer that the public servant appeared to be guilty of severe misconduct, it was his duty to lodge F.I.R. and proceed further in the investigation.
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F.I.R. IN MURDER CASES

In murder cases, following types of F.I.R.'s are recorded by police.

i) When it contains direct evidence of murder on the basis of ocular evidence.

ii) When the Police registers the case minimizing the offence from murder to 307 or u/s 364 IPC to avoid its despatch to magistrate which otherwise is essential if case is really registered for murder. This is invariably in those cases in which the informer is not sure of the culprits and priliminary enquiry is required by Police to find out the facts and to show that the case was registered properly.

iii) When a dead body identified or unidentified is recovered, with cause of death which is clear and the injuries are apparent the neck is cut etc.

iv) When only inquest is held to discover the cause of death and the case is registered after the report of Medical Officer, or after the receipt of report of chemical examiner etc with re- gard to poison given to the deceased. Only a report is recorded in Daily Diary at the first instance.

(v) When the death is under suspicious circumstances and inves- tigation is necessary which otherwise cannot be done without the registration of case. This is mainly in cases where dead body is not available, but the circumstances indicate that cognizable offence has occurred.