Police investigation in criminal complaint

It is a well known fact that police evade registering FIR and prosecuting criminals under the pretext of Inquiry on the complaint and in some cases the so-called inquiry never ends for years together.

May I know from the knowledgeable here as to:

1) who can participate in such a police inquiry?

2) can a lawyer represent either the complainant or the Accused, if so under what law? more  

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*To all Friends * *Dear friends: Greetings.* * This is to inform you that I shall be moving to Rajiv Gandhi University Campus.Therefore, I am selling my A-35 Puru Apartments,a Cooperative Society Flat-- HIG Category , 3 bedrooms, 3-balconies,Drawing-cum-Dining room, 2-bathrooms, Kitchen[equidistant from metro stations Rohini East and Rohini West, 500 meters from Jayanti Park, also known as Japanese Park, adjacent to Sector-13, DC Chowk Bus Stop DTC Route 879 in Rohini District of Delhi situated in Delhi North West]* *Current Evaluation: Minimum 1.25 crore –Maximum 1.35 crore* *Mode of Payment: BY Cheque or Bank Draft* *In case, you or any of your friends, acquaintances or relatives is interested in buying my Flat, he is welcome to see and inspect the Flat A-35 with prior appointment and your reference at my Land Line Phone No. 011-27566968.* *With regards,* *Professor Jitendra Kumar Sharma, M.A. [U of T], Ph.D. [University of Toronto, Canada], formerly of Toronto, Guelph, McGill, Jawaharlal Nehru Universities,Ex-Academic Coordinator, Indian Institute of Social Research & Studies,Chanakyapuri, Ex-Director Jagjivan Vidya Bhavan, Ex-Editor Eastern Diplomat* On Wed, Jan 27, 2016 at 9:42 PM, VVS Ramakrishna < support@localcirclesmail.com> wrote: > more  
Goats, Cows and Domestic animalss like White Pig, Wild Pig, are slaughtered daily, People living in metro cities, Rural villages, eats this with accompanying aLCOHOL, which becomes delicious for them, for this type of abuse, Police do not respond, becoz they are the defaulters, whom should be complaint, this comes under the Animal protection act, if this is stopped then Global warming, can be controlled. But no responsible advisors defending person to offend such cases. more  
iF THE POLICE DOES NOT CONSULT OR INCLUDE THE COMPLAINANT- IT IS THEIR FUNERAL Normally Courts have reservation about Police version. I will exp. I was run over by a Police car- and I was severely Injured. Now My accident took Place at 455pm. The Fir they prepared ( even my lawyers did not know-I pointed to the Judge which was spontaneously accepted and Things speeded up.) it Said- Accident Time 455 pm, OT 514pm FIR Time 525pm- Is it possible- Because from the Spot of the Accident the Police station is four KM. (This happened 20 yrs ago)- Is it possible that I was operated retrospective effect!!!! Only after FIR OT - as Hospitals will not take responsibiity, insurance will not accept- if Operation precedes FIR. So Just move the Court saying Not getting FIR as per the Bench RULING- I have my reservation s about legal beareu who take up cases. more  
Mr Subramaniam has nicely explained regarding registration of FIR by the Police. However the question about the participation of complainant or the accused in the Police enquiry is not clear. I believe in normal circumstances Police is not oblige to let the complainant or the accused participate in the investigations/enquiry. Only under the court orders or the need of the investigation that Police would take the help of complainant or the accused to complete the inquiry/investigation. I request the members to give their considered views on the following case: A complaint was lodged with a Senior Police Officer wherein infringement of Copy Right Act, Cheating, conspiracy and Drugs and Cosmetic Act was made along with a sample of spurious product. However without registration of FIR and taking help of the complainant, the complaint with the spurious sample was forwarded to Drug Authorities for disposal at their. Complainant did not know if ever any action was taken by the Drugs authorities but delay in action on complaint cause a loss of very vital evidence. My request is to know what should have been the right course of action to take on the complaint by the Police or the Drugs authorities. more  
While thanking the members who have contributed in this post and specially Mr. Subramaniam for dwelling on the order of 5-Judge constitution Bench of the Hon'ble Supreme Court, the essence as I understand in regard to the registration of FIR is that : 1. The information should reveal commission of Cognizable offense, 2. There is no permission to dodge under the pretext of preliminary inquiry, 3. The scope of inquiry is to ascertain whether the information reveals commission of cognizable offense and not the veracity of the information itself. 4. In certain cases, the police officer can conduct preliminary inquiry but is time bound and should not exceed 7 days. 5. If an FIR is registered, the a free copy of the same should be provided to the first informant and if no FIR is registered, then a free copy of the closure report should be provided to the first informant within 7 days. To what extent the dictum of Law is enforced by the police is well known to one and all except that police prefer to accommodate the accused more than implementing the Law - be it the s. 154 Cr.P.C. or the rder of 5-Judge constitution Bench of the Hon'ble Supreme Court or what has been reported in J Indian Acad Forensic Med. April-June 2014, Vol. 36, No. 2 ISSN 0971-0973 116 Editorial. It is also a fact that not everyone affected finds resources to approach the Hon'ble Supreme Court in a contempt petition against the police. Police are emboldened for the simple reason that Justice deliverance system is highly expensive and out of reach for the vast majority of the Citizen. My question is, what is the Law that can allow a Lawyer to represent either the Complainant or the Accused during a police investigation? My understanding is that a Lawyer is an officer of the court to provide legal services to his or her client but not blindly and with due regard and respect and honour of the Court, as part of the Lawyer's role in the justice deliverance system. Now coming back to the police investigation, the police are required to investigate whether an offense - be it cognizable or non-cognizable is revealed or committed. For this, the police officer needs to direct his / her investigation against the Complainant or the Accused, as the case may be. For this specific purpose, what would a Lawyer contribute when the Lawyer is basically a hired professional of Law and neither the offender nor the victim. more  
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