Legal Question in Criminal Law in India

hello sir,

can a FIR be filed based on a newspaper report without conducting preliminary inquiry.? the police have filed a case u/s.309 merely on a newspaper speculation.. without any order from the magistrate.. the FIR was challenged under 226 but the HC dismissed it without dealing with the issue on other grounds(main grnd was wethr 309 is constitutional).. the case is now in S.L.P.

in the S.L.P.. is it possible for asking for the FIR to be quashed by a Writ of Certorari cos it was filed by police on a newspaper report without inquiry.?


Asked on 9/06/09, 8:14 pm

4 Answers from Attorneys
KAMAL GROVER

Plz explain the facts.

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Answered on 9/07/09, 12:32 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the f.i.r. was lodged on the basis of a report in newspaper and afterwards no police inquiry was conducted or in the f.i.r. there is no complainant except the police, there is a possibility of same getting quashed. however, it would not be fair to conclude without going through the contents of SLP, order of the HC, and the f.i.r.

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Answered on 9/07/09, 12:57 am
Shrichand Nahar S.V.Nahar, Advocate

A FIR can be filed on receipt of commission of a cognisable offence. No order of magistrate is necessary.

For quashing a FIR, overwhelming grounds are necessary.

Challenge to constitutional validity of 309 IPC has nothing to do with quashing of FIR. However, if 309 IPC is declared unconstitutional, then all cases and FIR under 309 IPC would end.

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Answered on 9/07/09, 1:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The police may register a case on the basis of news paper report and thereafter start enquiry / investigation. FIR is the starting point of investigation as per Cr. P. C.

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Answered on 9/09/09, 9:11 am


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