'Absence of signature on FIR irregularity but not illegality'

The Allahabad High Court has ruled that an unsigned First Information Report (FIR) will not give benefit to the accused persons to escape police action.

A two-judge bench comprising Justice Amitav Lala and Justice Shiv Shanker ruled that though the section 154 of Criminal Procedure Code provided that the FIR shall be signed by the complainant, absence of signature on the same was merely an "irregularity" and not an "illegality".

It can be remedied at a later stage, the court said.

The judgement was passed on December 14, 2006 while dismissing a writ petition of Aditya Mishra and others of district Sant Ravi Das Nagar (Bhadohi). The petitioners have been named for an offence of abetting suicide.

The petitioners moved the court challenging the FIR (lodged in February, 2006) on the ground that it did not bear the signature of the informant, as required under section 154 of the Cr.PC and thus it was not a valid FIR and police could not take action against them on the basis of the said FIR.

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