then what to do ? By Abhishek Ranjan
Recently i have visited any police station in Bihar first time, because some goons of a political party beaten me just for raising issue of Navruna infront of CM. Initially Police refused to accept petition. When concerned official were informed by others about my identity, he's ready to accept my application but again refused to give FIR no. After 2 days struggle, police registered my case finally.
Its a very common phenomenon
that people are saying that police
is not lodging their FIR. Even sometimes people are ill-treated by the police. Sharing here some information compiled by one of my lawyer friend....
If Police officer concerned (SHO), refuses to Register complaint/FIR, than by virtue of section 154(3), a written Complaint may be send by Post to the Superintendent of Police or the Commissioner of Police (in Metropolitan areas); If Superintendent of Police or the
Commissioner of Police (in Metropolitan areas) is satisfied that the Complaint discloses
cognizable offence, he may himself investigate the case or cause the investigation of the case by any Police officer subordinate to him.
Even after that if no any action has been taken then an application can be made under
section 156(3) read with section 190 of Code of Criminal Procedure to a judicial Magistrate/
Metropolitan Magistrate thereby praying that police to register the FIR., investigate the case, file charge-sheet or report.
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 (a) why he has not registered the FIR; (b) why disciplinary proceedings for "Misconduct"
should not be initiated against him for dereliction of duty; (c) why he should not be suspended from Police service for interfering in
the administration of justice and shielding the accused person.
You can file an online complaint, find relevant information and also get the contact details of each State's own Human Rights Commission office on the website of the National Human Rights Commission ( http://nhrc.nic.in )
Refusing to register an FIR on jurisdictional ground could now cost a policeman a year in jail.
Taking strong view of increasing instances of such acts by police in various states, the Union home ministry has issued strict instructions to all states to not only initiate departmental inquiry against such cops but also prosecute them under Indian Penal Code.
The home ministry told the states and Union Territories to clearly instruct all police stations that failure to register FIR on receipt of
information about any cognizable offence will invite prosecution of the duty police officer under I.P.C.
Section 166A (government official disobeying law) which will invite imprisonment up to one year.
In its latest directive, the MHA told the states and UTs that policemen should be sensitized to respond to complaints with alacrity, whether
it is from man or woman, and must apprehend the accused immediately after the complaint,
as it adversely impacts the victim and there is tendency of persons committing crimes to slip away when there is delay on extraneous
grounds like jurisdiction.