Name:- Arpan Chakraborty.
Intern at ubAdvocate.
Email:- arpan.chakraborty292003@gmail.com
contact No.:- 9831156213.
Dear, PAWAN KUMAR.
The HC bench referred to the provisions of the CrPC, which says if a person has a grievance
that his FIR has not been registered by the police station his first remedy is to approach the
Superintendent of Police under Section 154(3) CrPC (upon non investigation of a complaint,
powers of superior officer to launch probe on a complaint) or other police officer referred to
in Section 36 CrPC (powers of a superior officer in police). If despite approaching the
superintendent of police or the officer referred to in Section 36 his grievance still persists,
then he can approach a magistrate under Section 156(3) CrPC (under which a magistrate can
take cognizance of a complaint on failure on the same by police). The magistrate has very
wide powers to direct registration of an FIR and to ensure a proper investigation, and for this
purpose he can monitor the investigation to ensure that the investigation is done properly
(though he cannot investigate himself). The high court should discourage the practice of
filing a petition under Section 482 CrPC simply because a person has a grievance that his FIR
has not been registered by the police, or after being registered, proper investigation has not
been done by the police. For this grievance, he should approach a superior officer and in case
still dissatisfied a magistrate or by filing a criminal complaint under Section 200 CrPC
(examination of a complaint by a magistrate) but not the high court, the apex court judgment
had said while dealing with the issue at hand.
Can the police refuse to file my complaint?
Yes and no. A police officer can refuse to file your complaint if he believes the case is of
petty issue or also if they don’t have the territorial jurisdiction in such cases. Crimes are
generally segregated into “cognizable” and “non-cognizable” offences. FIRs are lodged only
for cognizable crimes, for non-cognizable crimes a complaint is submitted to the magistrate
who in return directs the police for action.
A “cognizable” crime covers for example murder, rape, rioting, dacoity, etc, that is crimes
where arrest can be made without warrant & when such crimes are of a serious nature. A
“non-cognizable” crime covers for example cheating, fraud, forgery, bigamy, selling
underweight or adulterated food or creating a public nuisance, that is crimes where arrest can
not be made without warrant & such crimes are not of serious nature. The simplest
understanding being that the call for Action is time bound.
Remedies in Law
Approach Superintendent of Police
If the concerned officer in charge refuses to register a first information report about
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 analysing 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 investigation
in the matter.
Complaint to Judicial 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 a FIR.
In a civil matter, a contempt petition can be filed before the High Court against the officer
who refused to lodge an FIR Hon’ble Supreme Court, recently, in Lalita Kumari case, has
held that the Police must register FIR where the complaint discloses a cognizable offence.
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 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).
Alternate Remedy
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.
Further at the end of my task I would like to Mention that my opinion is based on the
YouTube link of Mr. Jeevan Prakash AOR, Supreme Court.
Arpan Chakraborty.
Intern at ubAdvocate.
