Have you ever waited for long just to file an FIR?

Feb 28, 2019
Law33 Comments

Reasons: Several times police complicates the issue and confuses the aggrieved in the puzzle of cognizable and non-cognizable matters. (Tactics for delaying in FIR)

You can lodge an F.I.R only in case of a cognizable offence.

A cognizable offence is a criminal offence in which the police are empowered to register an F.I.R, investigate, and arrest an accused without a court issued a warrant. Offences like murder, rape, kidnapping, theft, robbery, fraud, etc. are classified as cognizable offences.

A non-cognizable offence is an offence in which the police can neither register an FIR, nor effect arrest without the express permission or directions from the court. Offences like simple hurt, verbal abuse, intimidation, defamation, misappropriation of property, physical assault, forgery, etc. are non-cognizable offences

Remedies:

If you are reporting a cognizable crime (as stated above) and the police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP)/SHO (Station House Officer of Local Police Station), the Deputy Inspector General (DIG)/ACP (Assistant Commissioner of Police)/DCP (Deputy Commissioner of Police) or the Inspector General of Police (IGP)/CP (Commissioner of Police).

You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered. (This means a stamped receiving given by the authority on the photocopy of your complaint)

Recommendations:-

Before going for filing an FIR please make sure case comes under the cognizable offence.

If the concerned officer in charge refuses to register a first information report about the commission of a cognizable offence within his territorial jurisdiction under Sec. 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint. If, after analyzing the complaint it is satisfied that the complaint discloses a cognizable offence, he may moreover investigate the case himself or give directions to his subordinate to register the FIR and initiate an investigation in the matter.

Complaint to the Magistrate:

If even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

What happens to such Police Officers?

A Writ Petition in the respective High Court may be filed for the issuance of Writ of Mandamus against the defaulting Police officers, inter alia, to Register the FIR and directing him to show cause the reasons for him not lodging an FIR.

In a civil matter, a contempt petition can be filed before the High Court against the officer who refused to lodge an FIR. Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials. A Petition may be registered and submitted to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court, asking them to take Su Moto Cognizance of the alleged contempt of the Court. Further, a copy of the said letter may be sent to the concerned Police Officer. The status of such letter petition can be inquired through an application under the Right to Information (RTI)