What happens if police don’t file FIR in Indore?
What happens if police don’t file FIR in Indore?
As a lawyer practicing in Indore, I can tell you that the police’s obligation to file an FIR (First Information Report) upon receiving a complaint is crucial for upholding the rights of citizens and ensuring proper investigation of crimes. If the police refuse to file an FIR in Indore, here’s what you can do:
1. Understand the Reasons for Refusal:
- Frivolous Complaint: The police might consider the complaint baseless or lacking sufficient evidence to initiate an investigation.
- Jurisdictional Issues: The crime might have occurred outside their jurisdiction, requiring you to approach the relevant police station.
- Personal Bias: Unfortunately, biases based on caste, religion, or other factors can sometimes influence police action.
2. Assert Your Right to File an FIR:
- Polite but Firm Insistence: Clearly and calmly explain the incident to the officer-in-charge and remind them of their legal obligation to register an FIR under Section 154 of the Code of Criminal Procedure (CrPC).
- Quote the Law: Mention relevant sections of the CrPC, such as Section 154(3), which states that refusal to register an FIR is punishable by up to 6 months imprisonment and fine.
3. Document the Refusal:
- Obtain a written refusal: If the police verbally refuse, request a written denial stating the reason for non-registration. This document becomes crucial evidence in further legal recourse.
- Witness Testimony: If possible, have witnesses present during your interaction with the police. Their statements can corroborate your complaint and strengthen your case.
4. Seek Legal Remedies:
- Senior Police Officer: Approach a senior police officer, such as the Superintendent of Police (SP), and highlight the refusal to register the FIR.
- Magistrate’s Court: File a complaint under Section 156(3) of the CrPC with the Judicial Magistrate. The court can direct the police to register the FIR and investigate the matter.
- Writ Petition: In extreme cases, consider filing a writ petition in the High Court challenging the police inaction.
Additional Points:
- Gather Evidence: Collect any evidence related to the incident, such as medical reports, witness statements, or CCTV footage. This strengthens your case and supports your complaint.
- Seek Legal Advice: Consulting a lawyer experienced in criminal matters can provide valuable guidance and support throughout the process.
Remember, it’s your right to have your complaint registered and investigated. Persistently follow up and utilize legal avenues to ensure justice is served.
Disclaimer: This information is not a substitute for professional legal advice. Please consult with a qualified lawyer in Indore for specific guidance on your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
