FIR is the first step of any Criminal Prosecution, and after the registration of an FIR the police officer starts investigation of the crime.
The
information for the commission of a crime for registering an FIR can be given
orally or in written form.
As
per Section 154 of Criminal Procedure Code, if any information of a cognizable
offense (Offences where the police is permitted to
arrest the accused without a warrant from the court) is given to a police officer of a police station,
then said police officer has no other option except to register an FIR.
The
Supreme Court of India in the matter of the State of Haryana Versus Bhajan Lal
& Others, 1992 AIR 604, held that a police officer has no other option
except to register a case on the basis of the received information , and the
credibility and reliability of the information is no ground for the refusal to
register an FIR.
Under
Section 166 A of Indian Penal Code, the police officer being a public servant,
if refused to register an FIR shall be punishable with imprisonment for a term
which may extend to one year or with fine or with both.
Hence
on receiving your compliant , if no action has been taken by the police officer
within a reasonable period of time , then you can follow the following
procedures :-
➤By approaching to the Senior Police Officer
➤By approaching to the Judicial Magistrate/Magistrate
➤By filing a Criminal private Complaint before the
Magistrate
➤By filing a Writ Petition before the High Court
➤By complaining to the Human Right Commission
By
approaching to the Senior Police Officer:
If
the police officer of a police station refuses to register an FIR after
receiving your information about commission of a cognizable offence, then you
can approach the senior police officer i.e. to the Superintendent of Police or
the Commissioner of Police after giving a written complaint.
The
Senior police officer if satisfied with the given compliant, that the
information discloses the commission of a cognizable offence, then he shall
either investigate the matter himself or give directions to his subordinates
police official to register the FIR and to investigate the matter.
By
approaching the Judicial Magistrate/Magistrate:
If
even after you approach the senior police officer no FIR lodged, then you can
file a complaint under the Section 156(3) read with Section 190 of the Criminal
Procedure Code before the Judicial Magistrate /Metropolitan Magistrate with the
prayer to lodge an FIR.
If,
the Judicial Magistrate /Metropolitan Magistrate finds that the police official
has not performed his duty diligently, then he may directs to the police
official to take necessary action and to submit the investigation report, and
to lodge an FIR.
Supreme
Court of India in the matter of Uma Shankar Singh Versus The State of Bihar
held, that the Magistrate is not bound by the opinion of the investigating
officer, and he is competent to exercise his discretion, and if the
investigating officer are of the view that no case has been made out against
the accused then the Magistrate can apply his mind independently to the
materials contained the police report.
However,
in the matter of Smt. Mithlesh Versus The State of NCT of Delhi, Delhi High
Court held, that it is not mandatory in each and every case , that the
Magistrate must direct registration of an FIR and the consequent investigation
by the police, and the Magistrate can proceed under Section 200 of CrPc by
examining the complainant and the other witnesses.
By
filing a Criminal private Complaint before the Magistrate:
If
even a Judicial Magistrate rejected your compliant, then you can file a private
compliant under Section of 200 of Criminal Procedure Code, and thereby you can
examine yourself as a complainant with the witnesses in support of your
compliant for proving your case against the accused.
By
filing a Writ Petition before the High Court :
If
you failed to get a positive response from all the sources mentioned as above,
then you can file a Writ Petition in the High Court under the provision of
Section 482 of the Criminal Procedure Code, 1973 for :
👉Issuance of Writ of Mandamus against the
defaulting police officer who refused to register an FIR
👉Getting the reason of why he has not
registered the FIR, and why he should not be suspended from his position.
👉Claiming damages/compensation for mental
agony /frustration and for the deprivation of life and liberty under the
Article 21 of the Indian Constitution.
By
complaining to the Human Right Commission:
Lastly, in case of denial from all sources , you have your legal right to file a complaint before the State Human Rights Commission or the National Human Rights Commission against the inaction of the police.
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