Query on FIR

Dear Mr. Ronald.

Dear Mr. Ram,

 

I was extremely busy and hence could not respond to your email earlier.

Yes, my clarifications on FIR were in the context of your question.

 

My mobile number is 9869 650 870.

I am not a lawyer by profession, though I am a 24 yr old social activist and student of law.

 

Please scroll down for my replies to your queries in red.

Ronald

 

 

 

From: Ram

To: yoursfrankly@rediffmail.com

Sent: Wednesday, July 26, 2006 3:04 PM

Subject: Re: query on FIR

Dear Mr. Ronald.

 

I am sure your clarifications at S.No. 17 of Digest No 954 of Karmayog  are in the context of my question. Thanks.

 

May I  I request you to kindly  furnish me with your contact No. and permission to reach you if  and w2hen  necessary. Also, if you dont mind, kindly let me know if you are a lawyer by profession. If yes, I  shall be happy to have one like you  to avail of his professional guidance if needed in future.

 

I am 75 plus and used to practice in central excie law after retirement in 1979 as Supdt. of Central Excise. I dont  do that practice ny more.

 

I have always believed that readers of Karmayog literature  are like a big family connected via internet,  upon whom it is morally enjoined to guide /help with information, others in need of  such help/giudance.

 

Mr. Ronald, emanating from your clarifications, may I have your permission to raise further querries as under. I will be happy if you kindly elucidiate.

 

(a)keeping in view that in police station (PS), the  complainant,  unless accompanied by his lawyer,  is always nervous, he can hardly dare to ask or demand the FIR recording officer ( hereinafter referred to as the said officer)  to supply him with a translated version of his complaint, or read out and explain what has been recorded in Marathi, the language the complainant may not be conversant with, where the said officer does not himself give the complainant the translated version of the complaint. (YES, EVEN IN THE PRESENCE OF SOCIAL ACTIVISTS PEOPLE ARE AFRAID. I COME ACROSS PEOPLE SHIVERING IN FRONT OF OFFICERS.  THERE IS NO OPTION BUT TO OVERCOME THIS FEAR, OTHERWISE POLICE WILL NEVER ON THEIR OWN FACILITATE THE FULFILMENT OF THE RIGHTS OF CITIZENS)

 

(b)Can the said officer willfully manipulate the cognizable offence into non-cognizable by  changing , for example, a word ‘stolen’ into ‘missing’;  (YES, THE OFFICER CAN WILFULLY MANIPULATE. FOR THEM ITS A  REGULAR PRACTICE. IT IS ONLY A KNOWLEDGEABLE CITIZEN WHO CAN FIGHT BACK AND CHECK THIS MANIPULATION)

 

(c) Can the complainant himself write his complaint in the FIR register in English and then sign and be satisfied that he has signed under what he has himself written. (ONE CAN GIVE A COMPLAINT IN ENGLISH IN WRITING. BUT ULTIMATELY IT WILL BE TAKEN DOWN IN THE PRESCRIBED BOOK AND IN THE PRESCRIBED LANGUAGE)

 

(d) If any written complaint in a language other rhan Marathi -which the complainant does no know- is filed and acknowledgement obtained on the other copy, is it mandatory for the said officer to still record the complaint in the FIR book. Can’t he just paste the complaint application in the FIR book.? ( IT WOULD BE WISER FOR THE OFFICER TO PASTE THE COMPLAINT IN THE BOOK. BUT THEY WILL NEVER DO THAT. ALSO AT TIMES, NOT ALL COMPLAINANTS WHO TAKE THEIR COMPLAINTS IN WRITING WRITE DETAILED COMPLAINTS. HENCE OFFICERS, WHILE RE-WRITING THE COMPLAINT CONTINOUSLY QUESTION THE COMPLAINANT ON VARIOUS FRONTS TO MAKE THE COMPLAINT COMPREHENSIVE)

 

 

(e) If, as stated by you, there are printed FIR forms,having questions in English and Marathi,  then why the said officer should not give the printed FIR  form to the non-marathi knowing complainat to write it himself  in English  and hand it  over to the officer. (BECAUSE, THE COMPLAINANT MAY NOT KNOW WHAT SECTION TO QUOTE OR THE ACT, HOW TO DESCRIBE THE SUSPECT IN THE POLICE LANGUAGE ETC. THE QUESTIONS ARE THERE SO THAT ON SUBMITTING A COPY TO THE COMPLAINANT, S/HE COMES TO KNOW THE SECTIONS ETC)

 

 

 

RSPanjwani(Mob.9820954198)