• Issue of arrest warrant or file an FIR

Sir
1.Any police station can FILE FIR on any person based on only LETTER or any judge can issue ARREST WARRENT to any body based on the only LETTER?
2.if that person can survive?
Asked 5 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

No police or judge cannot issue a arrest warrant based on a lletter. Oly if fir has been registered in police station any action can be taken based on section u complain unless no such action taken ..

Shiva Bharathy
Advocate, Chennai
81 Answers
1 Consultation

4.0 on 5.0

1.On the absis of telephone calls also the FIR can be registered but beofre that the Investigating Officer will have to check whetehr the crime has indeed been committed or not.

2.This is so if letter is also sent.

3. Howeevr mere registration of FIR is not the end of the world.

4.If the allegations is false or there is no incriminating evidence in the case diary then the accused person will get bail.

5.So if you share with contents of the FIR and background details then further advice can be given.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

Hi

in general, police will receive the complaint and will file a FIR only if the complaint has necessary ingredients to take cognizance of the offence and investigate the matter.

Mere letter will not be sufficient for the police to file a FIR or a magistrate to take cognizance of the offence and issue arrest warrant unless and until it is a heinous crime such as cheating, forgery, fraud, rape etc.

So depending on the nature of offence stated, you can move the higher courts(sessions courts or high court) and get the FIR/ Arrest warrant quashed or get bail in the case.

It is not the case that filing a FIR or magistrate issuing arrest warrant will lead to arrest and conviction, but each case will need to be decided based on merits of the case.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1) Police can file FIR based on complaint lodged by complainant

2) if allegations made disclose commission of offence Police can lodge FIR

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1) if govt employee is harassed file police complaint of criminal intimidation under section 506 of IOC

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Respected sir ...

You can file FIR against such conduct as india is a democratic country and here you can leave in your own way ..No one has anyright to distrub you so just go and lodge an FIR but yes this section is bailable under ipc provide in First sedule...

Thanku

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

No, it cannot be possible to register FIR against accused merely by sending a letter. There should be a proper complaint in form of FIR under section 154 of the code of criminal procedure that a cognizable offence has been committed and that its need to be investigated by the police officer. If an investigation initiated against you only on the basis of a letter then you should file a petition before the high court under section 482 of the code of criminal procedure for quashing of that FIR.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

An investigation cannot be initiated against a government employee upon anonymous letter unless and until competent authority directed to initiate investigation. In CBI versus Manmohan Singh the Supreme Court has held that no investigation can be initiated against government employee in devoid of direction of a competent authority. You should challenge this investigation before the high court under section 482 of the code of criminal procedure.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Yes, the police station may lodge a FIR on the basis of a Complaint received by it disclosing commission of a cognizable offence.

However, the judge cannot issue a warrant to a merely merely on the basis of information of offence contained in a letter. This could be done only after the complainant and the witnesses, if any are examined and the judge/court applies it's judicial mind in the matter.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

Hi, a FIR can be filed is someone reports of a offence punishable under IPC or if a police official has a reason to believe that some person have commited a offence under IPC .. merely a letter is not sufficient for lodging of a FIR ..

Hemant Chaudhary
Advocate, Gurgaon
4627 Answers
67 Consultations

4.9 on 5.0

He can lodge complaint under section 504,506 of ipc

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

1. FIR can be lodged by the police station which has received information about the commission of an offence.

2. In so far as issue of warrant is concerned, there is a process to be followed to do that,. Firstly the court issues summons, and the summons are dishonoured only then the court issues a warrant of arrest.

3. The govt employee should file a FIR for criminal intimidation if he is being harassed and threatened.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Based on the complaint police can file FIR and start investigation.

2. Once the FIR filed, the jurisdictional court would be notified on the FIR and the summon would issued to your address.

3. if you missed the summon Or do not appear in court on said date then NBW would be issued against you.

4. For harassment through letters, you can file police complaint for mental mental harassment and defamation.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Sir

1.Any police station can FILE FIR on any person based on only LETTER or any judge can issue ARREST WARRENT to any body based on the only LETTER?

2.if that person can survive?

Police can only file FIR when a complaint is filed by some person, and the FIR will only be lodged if the allegations constitute prima facie offence and the magistrate also cannot summon without giving proper reason for summoning a person.

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

If any person sending letters with( swearing,hard words),harassing to any govt.employee or prvt.person,

How can that person protect him self?

Wich Acton can take?

If you are being harassed because of such letter then file a complaint against the said person.

Unless and until the competent authority will direct an investigation no FIR can be lodged against you.

As of now there is no need to worry.

If at any stage you anticipate that you might be arrested then you can obtain an anticipatory bail even before the lodging of FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

The basic purpose of filing a FIR is to set criminal law into motion and not to state all the minute details therein[1]. A First Information Report is the initial step in a criminal case recorded by the police and contains the basic knowledge of the crime committed, place of commission, time of commission, who was the victim, etc.

“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”

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

If any person sending letters with( swearing,hard words),harassing to any govt.employee or prvt.person,

How can that person protect him self?

Wich Acton can take?

The offence should be related to the commission of cognizable offence, only then the police will take further steps to register FIR and not merely on vague information.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Some times police may file FIR basing on mere

information or a letter

You have to contravention those allegations

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer