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Police duty bound to register FIR – can’t refuse says the Supreme Court. How to register an FIR if the police refuses

This is a problem that almost all of us have faced one time or the other, police’s reluctance to register FIR (First Information Report). Police normally takes a complaint makes a Daily Diary entry (DD), but this is not an FIR, and the police officers are legally under no duty to investigate the matter further. Only FIR sets the criminal law machinery into motion, where the police are obligated to investigate, apprehend offenders, collect evidence and apprise the area magistrate.

But note this they are obliged to do in case your complaint discloses a cognizable offence. For a list of cognizable offences see : http://www.vakilno1.com/bareacts/CrPc/sSCI.htm

But to keep their crime graph down, and in the absence of any zeal to actually work – registration of an FIR is quite an ordeal for the layman !

So here is what you do – if FIR is not registered –

1. Go to the SP/ACP of your area – with a written complaint;
if that also fails;
2. File a 156(3) CrPC complaint before the magistrate – who if he finds your complaint to have disclosed a cognizable offence would order police investigation and FIR.

Supreme Court has time and again held that whether there is great merit in a complaint is a POST FIR QUESTION and would come out only after it is investigated upon. Police officer is duty bound to register FIR.

 

*Criminal Law simplified by Advocate Bharat Chugh

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6 thoughts on “Police duty bound to register FIR – can’t refuse says the Supreme Court. How to register an FIR if the police refuses

  1. very useful informations for a person who doesn”t know how to proceed for legal action.
    i am also intrested to know what are legal ways to take action against BLANK DATE ISSUE OF CHEQUES.
    Dear sir,

    To a close friend of mine who is a businessman i gave a cross a/c payee cheque of Rs.1,30,000=00 TEN YEARS back in his bad period .Againt this he assured to pay me intrest @18% and FOUR cheques he handed over to me each of Rs.25,000=00 and he kept blank the date on these bank instruments.Inaddition to these instruments he gave me one more cheque of Rs.10,000=00,later the bank returned this cheque due to insufficient funds in that a/c.
    Since then i am regularly asking for return of my money but everytime he simply ignore the matter.Till now i was in the impression that any action will be not good considering our friendship relations .
    Now i am ready to take legal action kindly guide me what are the points in favour of me and how to proceed.
    All the cheques are with me.
    Regards
    DEVENDRA KOTHARI

  2. Lot of efforts taken by you for giving valuable info to general public on laws necessary in our day to day life. Thank you Sir.

      1. You are doing a wonderful service to the society, particularly those ‘lawfully ignorant’. It will certainly enlighten them and will be helptul to protect their interests to the extent possible. Thank you Sir. Please continue your genuine efforts.

  3. Doing a good job .Please publish the procedure(police will have to do) when a complaint was given at the police station in person.

  4. ultimate ……….thanks you so much for such information …may i know the owner of this blog if u dnt mind ……..as a law student its a curiosity to know everything abt this

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