Remedies when police refuse to file “FIR”








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Remedies when police refuse to file “FIR”

Promissory Note

As we know nowadays refusal to file FIR by police officers are increasing rapidly in the case of cognizable offence, police officer can only refuse to file FIR when he thinks that it is a petty case or when he thinks it is a non-cognizable offence, but he can not do so in case of cognizable offence, here are some of the remedies which one can use in case when police refuses to file “FIR”-

  • By complaining to the superintendent of police.
  • By complaining to a judicial magistrate.
  • By filing the writ petition.
  • By complaining about state and national human right commission.

Superintendent of Police

Any person to whom any officer in charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction can write a complaint of his case and may send it by post to any-

Also, the copy of the complaint may also be sent to the chief justice of High Court of that state, after analyzing that complaint superintendent of police or
commissioner of police if thinks that it is a cognizable offence they may-

And also the informant can complain to these officer regarding disciplinary proceeding regarding “misconduct”.

Magistrate

Any person to whom any officer in charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction may send a written complaint in the form of the letter to-

  • Concerned judicial metropolitan magistrate.
  • After analysing the letter magistrate will decide whether to take cognizance or not.
  • An informant may also send an application to the judicial magistrate or metropolitan magistrate from sub-section (3) of section 156 read with section 190 of the criminal procedure code, 1973 telling that police to register an FIR, investigate the case, and file the report before him.

Writ Petition

Any person to whom any officer in charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction can file a writ petition in the Hon’ble High Court for the-

  • Issuance of writ of mandamus against the defaulting police officer.
  • To give the reason of why he has not registered the FIR, and why he should not be suspended from his position of police service for interfering in the administration of justice and disturbing the accused person.
  • And ask for damages/compensation, for the frustration and for the deprivation of life and liberty under article 21 of the Indian constitutio

Human right Commission

Any person to whom any officer in charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction can file a case in

  • State human right commission of that state or
  • National human right commission.

in written form that particular police officer is not doing his duty of enforcing the law which is made to be enforce for public welfare, and that they are so negligent, biased and wholly corrupt, that they even don’t look the victim’s problem and that must create a mental trauma to the victim and he may frustrate too.

Conclusion

  • As we know filing FIR is one of the beneficiaries that we have got from the criminal system of our India.
  • No one has the right to violate it or refuse it.
  • FIR in the cognizable cases should be done properly and not like a burden and this should be known by all the police officers in our India.
  • Sometimes they misuse their position by refusing to file the FIR, because they think all those weak people can not file a complaint against them because they are more powerful and all are afraid of them.
  • They in the most cases refuse to file FIR when it is a case of any helpless women because now again they think what anybody can do, I am a police officer.
  • And also they misuse their position for poor people. But in the recent era, things have been changed now refusing to file the FIR is an offence follow up the above guidelines and do not be silent on the crime, Go ahead.