In a anti graft case under section 7 of PC Act ,
1.the FIR at Zero was lodged by the Trap Laying Officer by taking computer printout (no section 65 B certificate was enclosed) and it was not hand written .Signature/Thumb impression of complainant is also not taken on Zero FIR
2.Later on ,the regular FIR was then made at Bhopal office of Lokayukta in which the same content as in ZERO FIR was printed with the help of computer .Signature of the complainant not present on FIR. However now certificate under section 65 B of Indian evidence act was submitted.
In view of the above circumstances
1.Is the FIR legally valid or can it be challanged in trial court as the manipulation was possible in above situation.And it is also against the section 154 of CRPC 1973 and Regulation no 710 of MP Police Rgulation Act .
2.Is the signature thumb/impression of the complainanat mandatory on Zero FIR (if he was physically present at the time of making the complaint).
3.Does the FIR prepared by computer printout (and not hand written becomes legally valid )whenever certificate under section 65 B is enclosed .
4. Can the officer lodging the FIR be the same person as Trap Laying Officer as per crpc.
5.It may please be noted that it is not the case of e-FIR .
Based on above circumstances ,Kindly suggest the legal points which can be challanged in the trial court as there is miscarriage of justice due to above manipulations.
It is not possible to reply to some of your questions without knowing the full facts of the case and without actually seeing the documents. However, let me reply to whatever questions can be answered.
“Zero FIR” or the FIR with Zero number is generally registered when the complaint is received in a police station which does not have jurisdiction to entertain that complaint and the FIR is to be sent to the regular police station which has jurisdiction for registering the regular FIR.
It is desirable that the complainant / informant should sign the FIR format (specially where the complaint is given verbally). However, sometimes a separate signed complaint is given (on a plain paper or a letterhead) by the informant / complainant which is then reproduced in the FIR format verbatim; in such case the absence of complainant’s signature on the FIR format may not be material, since the real first information is the one given by him by his separately signed complaint.
Yes, a computer-generated FIR may be legally valid, more so when it is accompanied by the certificate under Section 65-B of the Evidence Act.
There is no prohibition in the Criminal Procedure Code for the trap laying officer to register the FIR himself, though there is a practice in some anti-corruption agencies to give the subsequent investigation to some other officer.
For your other questions, in particular the question whether in your case the FIR can be challenged, please show your documents to a local lawyer and obtain his considered opinion.
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