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Author Topic: What to do If Police Refuse To Register FIR  (Read 12551 times)

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Offline advlaxmanadvani

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What to do If Police Refuse To Register FIR
« on: February 18, 2014, 11:38:39 PM »
If Police officer concerned (SHO), refuses to Register complaint/FIR, than by virtue of section 154(3), a written Complaint may be send by Post to the Superintendent of Police or the Commissioner of Police (in Metropolitan areas); and the copy of said Complaint may also be sent to the office of the Chief Justice of the concerned High Court of the State. If Superintendent of Police or the Commissioner of Police (in Metropolitan areas) is satisfied that the Complaint discloses cognizable offence, he may himself investigate the case or cause the investigation of the case by any Police officer subordinate to him.

A written Complaint in the form of a Letter may be made to the concerned Judicial / Metropolitan Magistrate, and the Magistrate is empowered to take cognizance of the said letter complaint by virtue of section 190 of CrPC, 1973. However, the Magistrate concerned is at discretion to act or not to act on the said Letter Complaint.

An Application can be made u/s 156(3) read with section 190 of CrPC, 1973, before the Judicial Magistrate / Metropolitan Magistrate, thereby praying that Police to register the FIR, Investigate the case and file the Report / Chargesheet before him.

If the complainant has substantial evidence against the accused person, and if he is prepared to handle the prosecution of the accused person, then, he may prefer an oral / written Complaint before Judicial Magistrate / Metropolitan Magistrate u/s 200 of CrPC, 1973; and the Magistrate after examining the Complainant and his witnesses, may issue Summons / Warrant u/s 204 of CrPC, 1973, against persons made accused in the complaint. The Magistrate in his discretion, before issuance of Summons / Warrant, u/s 202 of CrPC, 1973, may conduct an inquiry by himself or cause an inquiry to be conducted by a Police Officer.

A Writ Petition in the respective High Court may be filed for the issuance of Writ of Mandamus against the defaulting Police officers, inter alia, to Register the FIR and directing him to show cause (a) why he has not registered the FIR; (b) why disciplinary proceedings for "Misconduct" should not be initiated against him for dereliction of duty; (c) why he should not be suspended from Police service for interfering in the administration of justice and shielding the accused person.

An Application u/s 156(3) as stated hereinabove, or a complaint u/s 200 as aforesaid, may be filed against those Police officers who have refused to register FIR, before Judicial Magistrate / Metropolitan Magistrate, for having committed offence u/s 217 of IPC, 1860.

A Contempt Petition (Civil) can be filed before High Court concerned against Police officer who has refused to register FIR. In the latest Constitution Bench Judgment of the Apex Court in the Lalita Kumari case, it has been held that the Police must register FIR where the complaint discloses a cognizable offence. The Contempt proceedings are held only in High Courts and in Supreme Court. Also, refusing to register an FIR amounts to Criminal contempt of the court. If criminal contempt is preferred, then permission of the Advocate General of the respective State Govt must be obtained before filing Criminal Contempt Petition, or in the alternative, after filing of Criminal Contempt Petition, the concerned High Court may be requested to take Su Moto Cognizance of the alleged criminal contempt of the Court.

A Letter Petition may be recorded to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court,  requesting them to take Su Moto Cognizance of the alleged contempt of the Court, and the copy of said letter may be sent to the concerned Police officer. RTI application may be made to the said concerned High Court / Supreme Court, to know if the said Court has taken Su Moto cognizance of the said Letter Petition.

As aforesaid, an application u/s 155(2) or complaint u/s 200, to Judicial Magistrate / Metropolitan Magistrate, can be made where if the alleged offence is defined as Non Cognizable (NC) offence in the Act, for Magistrate to direct the Police to investigate the offence, or the Magistrate may issue the Summons to the accused person.

A Writ Petition may be filed in respective High Court for seeking damages / compensation, if the ―inaction‖ of the Police on the complaint / non registration of FIR, has resulted in frustration / deprivation of ―life and liberty‖ of any person, guaranteed under Article 21 of Constitution of India.

A civil suit for seeking exemplary damages may be filed in the District Court / City Civil Court / High court, if the ―inaction‖ of the Police on FIR / Complaint has directly resulted in manifest loss of life / liberty or property.

A Complaint may be made to Commissioner of Police / Superintendent of Police against the SHO (Station House Officer) of the concerned Police Station for dereliction of duty, seeking disciplinary proceedings for "Misconduct".

Section 166A(c) now, expressly makes a punishable offence if the Public servant concerned fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code.
Advocate laxman Advani
 Ahmedabad legal Practitioner


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