Registering FIR; and what if Police refuse to Register FIR –
FIR (First Information Report) may be registered at the nearest Police station, where the offence is alleged to have been committed; or where the victim of offence, is residing or carries on business. FIR may be registered orally to the concerned Police officer in the Police station, or complaint may be made in writing, which is then reduced to writing in the form of FIR. The concerned Police officer, after recording the FIR in the prescribed form, will explain the contents of the said FIR, and the complainant than has to sign over in the said recorded FIR. The Police is obliged to give copy of FIR to the complainant.
(i) If Police officer concerned (SHO), refuse to Register 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 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.
(ii) 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.
(iii) An Application can be made under section 156(3) read with section 190 of CrPC, 1973, before the Judicial Magistrate / Metropolitan Magistrate, seeking relief, thereby Magistrate directing the Police to register the FIR, Investigate the case and file the Report / Charge sheet before it.
(iv) 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 under section 200, seeking relief, thereby Magistrate may directly issue Summons / Warrant u/s 204 to the person made accused in the complaint. The Magistrate in his discretion, before issuance of Summons / Warrant u/s 204, by virtue of Section 202, may conduct an inquiry by himself or cause an inquiry to be conducted by a Police Officer, or may summons witnesses for obtaining additional evidence.
(v) A Writ Petition in the respective High Court may be filed for the issuance of Writ of Mandamus against the defaulting Police officers, directing them to show cause (a) why they have not registered the FIR; (b) why disciplinary proceedings for "Misconduct" should not be initiated against them for dereliction of their duty; (c) why they should not be suspended from Police service for interfering in the administration of justice and shielding the accused person.
(vi) An Application can be preferred under section 156(3) as stated hereinabove, or a complaint u/s 200 as aforesaid, against those Police officers who have refused to register FIR, before Judicial Magistrate / Metropolitan Magistrate, for having committed offence under section 217 of IPC, 1860.
(vii) A Contempt Petition (Civil) can be filed before High Court concerned against Police officers who have refused to register FIR. There are series of High Courts and Supreme Court Judgments which clearly mandates that Police must register FIR whoever comes to them, with a Complaint that 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.
(viii) 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.
(ix) As aforesaid, an application u/s 156(3) or complaint under section 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.
(x) 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.
(xi) A civil suit for seeking exemplary damages may be filed in the District Court / High court, if the “inaction” of the Police on FIR / Complaint has directly resulted in manifest loss of property.
(xii) 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".
A CRIMINAL MACHINERY MAY BE SET INTO MOTION:
By registering an FIR before Police Station under section 154;
The Police officer, suspecting the commission of an cognizable offence, by virtue of section 157(1) and 156(1), may on its own, begin investigation into the alleged commission of offence;
An Application may be made to Magistrates Court u/s 156(3) for giving direction to Police register FIR and carry out Investigation and submit Report.
A Complaint in writing or even in oral may be made to the Magistrate under section 200.
The Magistrate, by virtue of section 190(c), upon his own knowledge that any offence has committed, may either direct the police to carry out the investigation or will himself conduct inquiry;
The Magistrate under section 155(2) may direct the Police to investigate cases of non cognizable offences.
A Petition may be made to HC, under section 482, considering the seriousness and gravity of offence committed, to direct an investigation by independent agency like CBI.
A Letter Petition may be addressed to the Magistrate containing an allegation that an offence has been committed and ending with prayer that the culprit be suitable dealt with. Mohd Yusuf versus Afaq Jahan – (2006) 1 SCC 627.
Apart from above options, the following may options are also available –
Complaints against police officers of and up to the rank of Deputy Superintendent of Police, may be made to “Police Complaints Authority”. The said authority may be situated at the Office of the Superintendent of Police of the concerned district or Commissioner of Police of the concerned metropolitan city. The said authority is constituted pursuant to Order of the Supreme Court in the famous Prakash Singh’s case, in the year 2006.
Complaints against Superintendent of Police or Commissioner of Police may be made to “Police Complaints Authority”. The said authority may be situated at the Office of the Director General of Police of the concerned State. The said authority is constituted pursuant to Order of the Supreme Court in the famous Prakash Singh’s case, in the year 2006.
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