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presentation on FIR and PLAINT

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Given PPT will be very informative and will give new information regarding FIR and PLAINT. FIR is First Information Report and plaint is a legal document which contains the written statement of the plaintiff's claim.

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presentation on FIR and PLAINT

  3. 3. WHAT IS AN FIR ? • First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. • It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. • It is generally a compliant lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. • Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message or a call can be treated as an FIR.
  4. 4. WHO CAN LODGE AN FIR ? • Anyone who knows about the commission of a cognizable offence can file an FIR. it is not necessary that only the victim of the crime should file an FIR. • A police officer who comes to know about a cognizable offence can file an FIR himself/herself. • You can file an FIR if :- a) You are the person against whom the offence has been committed. b) You know yourself about an offence which has been committed. c) You have seen the offence being committed.
  5. 5. WHAT SHOULD YOU MENTION IN THE FIR ? • Your name and address. • Date, time and location of the incident you are reporting. • The true facts of an incident as they occurred. • Names and descriptions of the persons involved in the incident. • REFUSAL TO REGISTER AN FIR IS AGAINST THE LAW.
  6. 6. WHAT IS ZERO FIR ? • Zero FIR is that FIR which can be filed in any police station irrespective of place of incident/jurisdiction and the same can be later transferred to the appropriate police station. • CASE – SATVINDER KAUR V. STATE GOVERNMENT OF NCT - The Complainant had appealed in the supreme court against the order of the high court, where high court had quashed the FIR filed at Delhi Police Station by the complainant. The supreme court held that, police can investigate the case, which does not fall under their jurisdiction.
  7. 7. WHAT IS PLAINT ? • In CPC, plaint is a legal document which contains the written statement of the plaintiff’s claim. A plaint is the first step towards the initiation of a suit. • A suit is instituted by presentation of plaint before the court. A ‘plaint’ is written application made by plaintiff against defendant seeking relief from the court. • A plaint is pleading and should conform to the rules of pleading. • Along with plaint, plaintiff shall file documents on which he relies for the relief.
  8. 8. WHAT PLAINT SHOULD CONTAIN ? • The name of the court in which the suit is brought. • The name, description and place of residence of the plaintiff. • The name, description and place of residence of the defendant, so far as they can be ascertained. • Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect. • The facts constituting the cause of action and when it arose. • Plaint should contain those facts, which have constituted cause of action. • Plaint should contain plaintiff’s verification on oath. • Plaint should contain statement of value of suject-matter of suit not only for purpose of jurisdiction, but also for purpose of court-fees.
  9. 9. REJECTION OF PLAINT • Where it does not disclose a cause of action. • Where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so. • Where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp- paper within a time to be fixed by the court, fails to do so. • Where the suit appears from the statement in the plaint to be barred by any law. • Where it is not filed in duplicate. • Where the plaintiff fails to comply with provisions of Rule 9 (fails to provide copies of plaint).
  10. 10. LANDMARK CASES ON REJECTION OF PLAINT • KALEPUR PALA SUBRAMANYAM V. TIGUTI VENKATA AIR 1971 AP 313 :- a plaint cannot be rejected in part and retained part under this rule. It must be rejected as a whole. • SOPAN SUKHDEO SABLE V. ASSTT. CHARITY COMMR. AIR 2004 SC 569 (572):- where the suit filed earlier was at the stage of recording of evidence and an application under Order 7 Rule 11 of the code was filed to delay the proceedings of the suit, the application under Order 7 of the court was rejected. • BIBHAS MOHAN MUKHERJEE V. HARI CHARAN BANERJEE AIR 1961 CAL 491 (FB):- an order rejecting a plaint is a decree and hence is appealable.
  11. 11. REFERENCES • httwww.legalservicesindia.com/article/1126/FIR.html • https://www.slideshare.net/arnabbd/plaint-written- statement-ws • https://www.legalbites.in/essentials-of-a-plaint/ • p://www.legalserviceindia.com/Criminallaws/fir.htm • http://https://blog.ipleaders.in/rejection-of-plaint/ • https://www.slideshare.net/maneeshkatara/online-fir- system?next_slideshow=1 • https://www.slideshare.net/vakilsearch_tutorial/fir-first- information-report • https://blog.ipleaders.in/registering-fir-outside-jurisdiction/