As per Section 154 of CrPC every information relating cognizable offence must be recorded by the Police and copy of FIR should be given to the Complainant. Extracts of Section 154 Code of Criminal Procedure is as under:
154. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
Sample format of Complaint to be filed with Police in a Cheating case is given below:
Date: _____ 20__
The Station House Officer
Complaint against the following accused to register a FIR under section 403, 405, 406, 420, 120B and other relevant sections of the Indian Penal Code.
1. Mr. _____________ Accused No. 1
2. Mrs. _____________ Accused No. 2
I am a retired employee of __________________Corporation.
That Mr. ______________, my Cousin Brother and Mrs. _________________ his wife convinced me that, since I am out of India, they will purchase a property for me in India and compelled me to add their name as joint holders of my bank account with _________ No __________ to pay money for purchase of property, which will be registered after my return from abroad. Thereafter from ______to _________ Mr. __________ handled all my bank account and entire finances.
I have used my Bank Account No. _____________ with ____________,___________ , opened on ____________, exclusively for crediting my entire salary, savings, and retirement benefits.
Mr. ______________ told me that he would purchase property in my name and took pre-signed cheques and blank signed papers. His wife, Mrs. __________, working as __________ with _______________, joined with him in handling my finances.
On 20__ I returned from __________ and found that I had only a few thousand rupees balance available in my ___________ Bank account. I requested Mr. __________ and Mrs. T __________, to furnish my bank statement and papers of property purchased by using my money, but they refused to give me passbook or any bank statement or any property papers. I thus had to personally write to all the concerned banks insisting that they send me the account statements. After many months of painstaking follow up I got some bank statements from some of the banks.
My bank statement with __________ Bank shows that for the period from ____ ___ to ___ ___ a sum of Rs._____/- was credited into my account as my salary and retirement benefits. Amount of Rs. _____ has been siphoned off by Mr. _____ and Mrs. ______ and used for the personal wealth creation.
They have thus committed offences punishable under section 403 of IPC -Dishonest misappropriation of property, section 405 of IPC - Criminal Breach of Trust, Section 406 of IPC- Punishment for Criminal Breach of Trust, section 420 of IPC - Cheating and dishonestly inducing delivery of property and section 120B of IPC- Punishment of criminal conspiracy.
I, therefore, request you to kindly register a FIR against the afore mentioned accused No. 1 to 2 under section 403, 405, 406, 420 and 120B and other relevant sections of the Indian Penal Code and initiate investigation.
Mobile No: ________
Power of Attorney
Suits under Code of Civil Procedure
Format of Suit for Compensation for death due to negligence or physical disability due to negligence of others. The Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction