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Legally Speaking
Sandeep Jalan
What to do when the police refuses to register your FIR 29 November, 2011
Thera are numerous cases when one goes to a police station but the officer refuses to register a First Information Report (FIR) or a complaint. Here's what you should know to handle such a situation.

(i) Approaching the Superintendent of Police or Commissioner of Police (in Metropolitan areas) and recording the FIR / complaint with him.

(ii) An oral / written Complaint can be made before Judicial  Magistrate /  Metropolitan  Magistrate  under section 190 read with section 200 of CrPC, 1973, seeking relief, thereby Magistrate directing the Police to register an FIR and investigate the case [section 156(3) of CrPC, 1973], OR in the alternative, Magistrate may himself cause an “Inquiry” into the offence complained of (section 155 of CrPC, 1973), OR the Magistrate may directly issue summons/ warrant to the person made accused in the complaint (Section 204); or may summons witnesses of the complainant before issuing summons to the persons made accused in the complaint. (section 202).

(iii) A complaint as aforesaid against those Police officers who have refused to register FIR can be registered before Judicial  Magistrate /  Metropolitan  Magistrate under section 200 read with section 190 of CrPC, 1973, for Police having committed offence under section 217 of IPC, 1860.

(iv) A Contempt Petition (Civil) can be filed 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.

(v) Also, as aforesaid, Complaint  to  Judicial  Magistrate /  Metropolitan  Magistrate  under  section  200 read with section 190  of  CrPC  1973  can  be  made  where if  the  alleged  offence  is  defined as Non  Cognizable offence, popularly known as NC.

(vi) 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.

(vii) A civil suit for seeking 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.
 

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of merinews.com. In case you have a opposing view, please click here to share the same in the comments section.
About The Author
Advocate Sandeep Ramnarayan Jalan is an active member of the legal community in India. He is also associated with the Bar Council of Maharashtra & Goa since 17-03-2010.
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