I want to ask about registration of FIR. In petition of 22A 22B (Session Court), court has written the following statement in his direction.
"The record shows that the petitioner has already approached the police functionaries and petitioner has levelled allegations of theft again the alleged accused. Prima facie commission of cognizable offence is made out."
"On receiving complaint/information regarding cognizble offence, the SHO/duty officer is duty bound to act in accordance with law. In this situation, I while exercising the powers vested in me under section 22-A & 22-B Cr.P.C, direct the SHO/Duty Officer of concerned P.S. to record the version of petitioner while acting in accordance with law, satisfying the requirement of mandatory provision of section 154 Cr.P.C., follow the police rules and further proceed with the matter in the light of facts and circumstances."
I want to ask that in above order either court has directed the SHO to register FIR or to some other task? If yes, SHO is not recording my version infact he was not ready to receive my application in first instance but now he has received application but not no FIR is lodged so far. What can we do for this sort of situation? Can we move again to session court to comply the court orders or can we move to High Court. Which one is fast remedy?
3 Answers from Attorneys
Go for the compliance of the orders , giving a brief of your statement which you want to be recorded in the FIR, directions will be issued to the SHO for the same to be recrded.
You need to file application for contempt of court before the sessions court. while hearing this application court shall ask the SHO as to why he has not lodged FIR if SHO fails to satisfy the court he may be orderd to be punished and suspended from his service.
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Dear, it is stated in order of the judge to follow the provisions of concerned criminal law. and to you is instructed that you again go for the recording of your statement or application.
And even if it is not fruitful then you may file application or petition under section 22 a & b of Cr.P.C for the compliance of the order of the sessio0ns judge.
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