SC: FIR Should Not Be Too Sketchy

Press Trust Of India

New Delhi, October 15, 2007

First Published: 18:59 IST(15/10/2007)

An FIR should not be too sketchy to make investigation impossible, the Supreme Court has held.

“Lodging of an FIR is necessary for setting the criminal law in motion. It, however, should not be too sketchy so as to make initiation of investigation on the basis thereof impossible,” a Bench comprising Justices S B Sinha and Harjit Singh Bedi said. “Mere information with regard to commission of an offence may not for all intent and purpose satisfy the requirement of the FIR,” it said. The Court’s observation came while setting aside the conviction of three persons in a murder case that took place in Kolhapur District of Maharastra in 1993. In this case, two persons were killed on October 21, 1993 in presence of two alleged eyewitnesses, who passed on the information to the deceased family. The brother of the deceased then went to police station but he did not mention the names of the accused. The details of incidents were narrated to the police on the spot by another witness on the basis of the account of alleged eyewitness and names of the accused were mentioned. However, the court observed, “the alleged eyewitness had disclosed all the details about the incident to all whom they had met. Why they did not lodge the FIR has not been disclosed.”

“If the said prosecution witness who claimed himself to be the eye-witness was the person who could lodge an FIR, there was absolutely no reason why he himself didnot become the first informant,” the Bench said rejecting the statements of the alleged eyewitness who didnot approach the police after the incident.




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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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