What to do if Police refuse to Register FIR ? अगर पुलिस FIR दर्ज करने से मना करे तो क्या करें ? I گر پولیس ایف آئی آر درج کرنے سے انکار کرتی ہے تو کیا کریں؟

       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.

Post a Comment

Previous Post Next Post