Prayagraj, 10 January (HIST). Allahabad High Court said that even if action has been taken against the accused in a case under Section 82 of CrPC (being declared absconding), even then the police cannot register an FIR if he is not appearing before the court. The High Court said that the court has the right to take cognizance and file a complaint. If the police files an FIR then it is wrong.
The court said that it is banned under Section 195(1)(A)(1) of CrPC. Because, it is not a cognizable offence. Under this, a complaint can be filed only on the order of the court taking action under Section 82 of CrPC. On this basis, the court canceled the FIR registered against the petitioner in Lodha police station of Aligarh. The court has said that a copy of this order should be sent to all the district courts and JTRI Lucknow, so that the trainee judicial officers can be made aware in this regard.
This order has been given by the division bench of Justice Anj. Kumar Mishra and Arun Singh Deshwal while accepting the petition of Sumit and others.
FIR cannot be registered if absconding accused is not present: High Court
FIR cannot be registered if absconding accused is not present
-High Court said, court can file complaint against absconding accused
Prayagraj, 10 January (HIST). Allahabad High Court said that even if action has been taken against the accused in a case under Section 82 of CrPC (being declared absconding), even then the police cannot register an FIR if he is not appearing before the court. The High Court said that the court has the right to take cognizance and file a complaint. If the police files an FIR then it is wrong.
The court said that it is banned under Section 195(1)(A)(1) of CrPC. Because, it is not a cognizable offence. Under this, a complaint can be filed only on the order of the court taking action under Section 82 of CrPC. On this basis, the court canceled the FIR registered against the petitioner in Lodha police station of Aligarh. The court has said that a copy of this order should be sent to all the district courts and JTRI Lucknow, so that the trainee judicial officers can be made aware in this regard.
This order has been given by the division bench of Justice Anj. Kumar Mishra and Arun Singh Deshwal while accepting the petition of Sumit and others.
