What can be done if Police Officer declines your request to File an FIR

By
Discountwalas
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105
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What can be done if Police Officer declines your request to File an FIR



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What can be done in case when Police Officer refuses to File an FIR? If a crime needs to be reported by you, and the police officer, on an unreasonable ground, refuses to register your FIR then Senior Officer can be approached. If still the FIR is not lodged, then a written complaint can be made to the nearest Judicial Magistrate. Then the Magistrate will order the police to register the FIR. These days there is E-filing of the complaint.

After the complaint has been registered, do not forget to take the receipt of the complaint.

The denial on filing the FIR by the police officer can be due to various reasons, one being – the issue is a pity one or if necessary territorial jurisdiction is not there in that police station. Crimes are classified into two categories as per law – ‘Cognizable’ and ‘Non- Cognizable’ offences. Only the FIR is registered in the cognizable offences whereas in the Non-Cognizable offences the Police is directed by the Magistrate to take the action. Crimes coming under the category of Cognizable Offences are Rape, Rioting, Dacoity, Murder etc. wherein the police can arrest without a warrant and Non- cognizable Offences includes Forgery, Public Nuisance, Cheating, Fraud, etc.  where the police is not allowed to arrest without a warrant.

Remedying the Law – If you are refused by the police officer to file a FIR relating to a cognizable offence within its territorial Jurisdiction Under Sec 154(3), then senior Police officer or Commissioner of Police or Superintendent of Police can be approached with a written complaint. After being satisfied, the subordinate police officer will be directed by the senior officer to register the FIR.



If still the filing of FIR is not done by the police office then, a written complaint can be given to the nearest magistrate or the Metropolitan Magistrate U/s 156(3) (read with section 190 of Code of Criminal Procedure).

A Writ Petition can be filed in the respective High Court involving the Criminal matters so that Writ of Mandamus is issued against the police officer and is directed to show cause the intention behind not lodging the FIR. A contempt petition can be filed against the officer in case of Civil matters in the respective High Court. If police officer refuses to file the FIR on Judicial Ground, it results in 1 year of imprisonment of the officer. The petition for this can be submitted to Chief Justice of High Court or Chief Justice of India, Supreme Court of India so that they can take Suo moto action. A copy of the letter is sent to the Police Officer and it can be requested through an application under the RTI.

A Writ Petition can be filed in respective High Court in order to seek Damages/compensation happened during the course of not registering the FIR that led to frustration/deprivation of Life and Liberty of any Person under Article 21 of Constitution of India. If, as per U/s 166A(c), the public servant does not record any information Under sub section (1) of section 154 of Code of Criminal Procedure regarding the cognizable offence which is punishable under Section 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E or 509 of IPC he shall be punished with harsh imprisonment for a term of not less than six months which may extend to two years and shall be liable for fine also.



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105 COMMENTS

  3. What about mobile phone if mobile phone is stolen and officer is not filing the FIR against it even though we might be having our mobile insurance?

  8. Very good article this will really help us. I had a question many times in policestation the refuse to give carbon copy of complain immegeatley what can be done. After submiting RIT we get copy with the change complain.

  11. Thanks for making people to understand their rights of FIR. Police refuses in many cases to file a FIR BUT with this information, it will help.

  19. Such messages should be posted to make sure that public has confidence. these messages will give knowledge on what to do when you are complaining against highly influential people.

  20. I lost 17 lakhs for a fraud case and
    Complained to SP Ooty district on 1st March 2017. Still the police not
    file the FIR. This is a good message
    to move further in my case. Thanks.

  21. this is all mention in law book but nothing happen in actual, and getting FIR registered through court is more tedious and basically this is gyaan nothing else

  24. Useful information. At the same time, any provision is there to register the problems in – on line?
    If available, On line Web details may please provide.

  26. Sir my heart got rejoiced by reading the article… fighting for right doesn’t helps in police custody when politics involved..
    Even with these awareness published to the public’s, how can a affected individual can get help, please make way for innocents protecting From politics.
    Is their a way???

  28. Thank you for your email God bless you. If possible please stop the corruption and bribe in all government offices. We lost many things.

  29. Is this valid for non-cognizable offence also?

    “A Writ Petition can be filed in respective High Court in order to seek Damages/compensation happened during the course of not registering the FIR that led to frustration/deprivation of Life and Liberty of any Person under Article 21 of Constitution of India.”

    If yes, please let me know.

    Thanks and regards,
    Kumar

  34. Very good information regarding law. lakin justice bahut dare kai bad milta hai. Aam admee paresan ho jata hai. Police kai pas manpower kee kamee or new technique kee kamee hai. India mai law and order paper per hai. On ground kuch or hai. Crime day by day increase ho raha hai.

    Thanks,

  40. sir
    the information provided by you is good. in my case i followed the above procedure. high court directed the police to take appropriate action on my complaint and police registered the case. the fir was released immediately after high court direction, but by that time 3yrs 3 months passed. against the fir the accused approached high court under cr.pc 468 and the limitation is only 3 years. now high court is asking that the fir is barred by limitation. so i felt that my arguement should be under cr.pc 473. is it correct, else guide what should be my arguement. case coming up for arguement
    regards
    bh.srinivas
    ph:

  41. I am working in a bank.I belong to reserve category (sc) and I am suffering discriminating behaviour by my boss..
    He transferred me to remote rural place international.JUnior officer are hand ling branches of my cadre…They all posted leader rural exposed than me..

    What legal remedy is there for me

  52. Sir,
    Article is very informative but in practical it is very difficult to implement. But very good information regarding FIR.

    THANKS
    Rajesh Kutriyar

  60. Thanks for mail.All citizens shall be made known about the procedure how to file FIR.All rules may be explained.But what about the actions against corrupted law?who will protect the complainant against gangsters and local police?
    None of citizens are safe.Robbery occurs in day time.None of citizens have time to complain.Each and everyone is after work and money.THOUSANDS OF CASES are pending in court.None have received judgement till 10 years.So what changes could be made in juridiction?All govt.offcials are not protected so explain how can we change this?

  64. Very good information specifically where the police authorities are not in cooperative manner. However, subsequent action is very difficult to approach and get the execution even on cooperation from higher authorities.

    Request to share more such information for knowledge.

  66. Please give us the details on which the police e-complaint is filed without visiting police station.
    This site should be made public and bring awareness of site information, please give site details for needful.
    Regards,

  67. Sir,
    Article is very fruitful but in practical it is very difficult to implement. But very good information regarding FIR.

    THANK you

  68. HI.. THIS IS VERY USE TO ALL WE HAVE TO APPRECIATE THAT SOME ONE IN THIS SOCIETY HAS TAKEN SOME RESPOSIBILTY . JUST SEND THAT ME THE LAW OF THE TRAIN & BUS LAW IF IT IS POSSIBLE THKS

  72. Dear Sir
    I have submited my complain to CM of Maharashtra and mumbai police commisnor dated 11/07/17 regarding SRA
    fraud and cheating but stiil for replu or responce
    Thank you.
    Ahsan

  73. This information is very good. But police will File a FIR only if it is not related to political heavy weight. First of all you should have a confidence with Police , everyone know what is police is. Totally rotten & politicians responsible for this.
    Indian Police should be like American Police, No Interference are acceptable. Maximum corruption taking place. Need total revamp in police force.

    • Fir is information of crime if no police take Fir, then write letter to SP of your district and name that police officer and if you crime information is true then demand the compensation form State. it is duty of state

  77. Sir ,. One Builder of Vashi – Navi Mumbai collected 1.25 lacs from me & gave me agreement stating that after 5 years you will get a plot of land. Every thing was official. Now 6 years are over. He is not returning principal, not giving plot.
    When I lodge a complaint at Borivali police station they gave me a small letter saying that it is a civil matter. Go to court.
    In this way police is not helping….Pravin Shah. 9870079XXX

  78. MY husband has deserted me after physical torture . He took away my entire saving and remarried second time without my consent. He is a habitual drunkard and often beat me. Now he is in his village , the address which is known to Police. His two brothers who are in Delhi are also known to police. In this way he is easily traceable . I have submitted two three FIR but no effect

  79. I want lodge complaint against Karvy stock broker ltd Noida Hyderabad office – cheating misguiding wrong information fraud with my mentally retarded son and with me. Pl guide me

  81. A written letter should be taken from him with the reasons clearly stated for refusal. If he is not wiling to give that then a written complaint should be dropped in the complaint box. If not present then a complaint should be lodged with the higher authorities regarding this & also regarding FIR.

  82. Dear Sir
    Indeed very useful information which lot of people are unaware of it.Many thanks for letting us know the basics of FIR filing.
    If I am not wrong Online FIR can be done if a person is unable to go to local police station.
    Please correct me if it’s not like that.
    Regards
    Dr Ajit Sahay
    Ranchi

  83. A very useful & handy information.Selected Law matters must be incorporated in School & Collage carriculams. The other part is that how to tackle the underground nexus between the Criminals & corrupted Police officials ?. Further approaching the Judiciary is a matter of huge cost. Whether is it affordable to all ? Threat from the Criminals & corrupted Police officials is another aspect.

  84. Burning question . You can take a horse to the water but cannot make him drink. Just by registering FIR with an arrogant horse the problem is not over , rather it has begun.

    I am an ex-serviceman, front line participation in 65/71 wars for the country. To-day, at 75 yrs , age actively
    deployed against such arrogant horses. In broader spectrum of the burning issue I have just now lodged a complaint with Hon’ble Mr.Chief Justice of Punjab & High Court, I cannot discuss subject matter here in this forum.

    My best wishes for your efforts.

    Regards

  90. The information is available for FIR is really valuable. The fact corrupct officers can be control over.
    Let’s hope for the best. No matter how it’s work.The Policemen should improve their habits May God bless them to change mentality avoiding corruption.

    Hopefully

  92. Hi,my passport was missed few months before. I went to to the local police station For making complaint for my missed passport but they didn’t registered,what they saying know we are not elligable to put go to the superintendent of police and give a complaint and submit to us like that they said.what can i do for this?. Is there any guidelliness to collect New passport. please give me a suggestions. Thanks

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