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WHY POLICE IS RELUCTANT TO REGISTER AN F.I.R?

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WHY POLICE IS RELUCTANT TO REGISTER AN F.I.R?
Why Police Is Reluctant To Register An F.i.r?

As we all know that the role of Police is to maintain Law and Order in the society and as per section 154 Cr.P.C. a police officer is bound to register an FIR in cognizable offence. However, Police is reluctant to register an F.I.R. even when a cognizable offence is reported as once an F.I.R. is registered, police machinery comes into action. On registration of an F.I.R., the same is marked to a police officer for investigation. During investigation, the police officer is to do a lot of work in respect to the investigation like visiting incident spot, prepare site map (Naksha Moka), record statements of witnesses, make seizures, collect samples/medical reports, send the seizures for forensic, trace accused person, recover case property, record accused statement, prepare search and arrest memos, prepare chargesheet etc.

The Police officers are always overburdened/stressed due to overload of work, shortage of police officers, multiple cases, VIP/festival/emergency deputations, court hearings etc., that they become reluctant to register an F.I.R. as they know that they will always be witness in the case at the time of trial of the case before court of law irrespective of their retirement from the Police department. Meaning thereby that a police officer registering an F.I.R along with other police officers connected with the investigation of the case shall always be bound to produce themselves before the court as and when the court summons them to depose at the time of trail which takes a lot of time and energy. Further, there is always probability of a departmental enquiry in case of acquittal due to improper investigation in the case. However, this does not give any right to the police officer to not register an F.I.R. in a cognizable offence.

If the Police officers are reluctant to register an F.I.R., it is advisable to immediately approach the senior police officers for registration of F.I.R. and lastly one must file an application under section 156(3) Cr,P.C. before the Metropolitan Magistrate seeking directions to the police for registration of F.I.R.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate

9958319099

www.nyayoptions.com


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