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WHAT TO DO IF THE POLICE OFFICER IS NOT REGISTERING AN FIR

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WHAT TO DO IF THE POLICE OFFICER IS NOT REGISTERING AN FIR
What To Do If The Police Officer Is Not Registering An Fir


 There may be a reason that Police Officer is not registering an FIR on the complaint. It may be, that the complaint given to the police officer does not state a cognizable offence (non-cognizable offences are the offences which are less serious in nature example abusing, intimidation, minor scuffles without any hurt or injury). A compliant given to a police officer which does not disclose, commission of a cognizable offence, is registered in the diary maintained at the police station. However, no FIR is registered.

If, the complaint discloses a cognizable offence, the police officer is bound to register an FIR and provide a copy to the Complainant.

If, the police officer of a police station refuses or does not register an FIR, one should give a written complaint to the Assistant Commissioner of Police of the said police station with a copy to the Deputy Commissioner of Police or the Commissioner of Police stating therein that the police officer of the concerned police station has not registered an FIR in the case wherein a cognizable offence has been committed.

It is a procedure, that the letter marked to the DCP/CP are sent to the concerned ACP for taking action as per rules. Meanwhile, the ACP will also summon the police officer of the concerned police station with report as to why FIR has not been registered in the said case. Probably, an FIR is registered by this time. However, in case, an FIR is not registered even after complaint to CP/DCP/ACP, in that case, one should immediately file an application under Section 156(3) of Cr.P.C. r/w Section 200 of Cr.P.C. before the concerned Metropolitan Magistrate and state the following:

a. Application should state that the concerned officer of the police station has not registered an FIR on the complaint wherein cognizable offence has been stated to have been committed. The application should also state that the Applicant has also written to the concerned ACP/DCP/ CP for giving directions to the Station House Officer (SHO) for registration of FIR. However, no FIR has been registered till date. The application should contain a prayer to the Metropolitan Magistrate to direct the Officer Incharge of the concerned police station to register an FIR.

b. The copy of the complaint given to the police officer of the police station should be enclosed with the application to the Metropolitan Magistrate.

c. The copy of the complaint given to ACP/DCP/CP against the police officer for not registering FIR should also be enclosed.

d. The Applicant should also enclose all such relevant documents which corroborate the complaint.

 Upon filing of the aforesaid application before the Metropolitan Magistrate, the concerned police officer is summoned with a report (action taken report) stating, the action taken by the police officer on the complaint received. Usually, a report is filed by the concerned police officer with a reason as to why FIR has not been registered and mostly, the reason is that the offence stated in the complaint does not disclose a cognizable offence or the matter relates to a civil dispute. The courts, peruse the complaint along with documents and the action taken report of the police and come to a conclusion, whether the offence stated in the complaint is a cognizable or a non-cognizable offence and accordingly orders are passed. Either, it is directed to the concerned police officer for registration of an FIR or the application under Section 156(3) of Cr.P.C. is treated as a complaint under Section 200 of the Cr.P.C. which is tried by the Metropolitan Magistrate.

     The above information is based on personal experience of the Advocate and no part of this should be construed as providing legal advice for any purpose.

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