What to do if police refuse to file FIR?
What to do if police refuse to file FIR? Navigating the Maze: Your Legal Options if Police Refuse to File an FIR
As a lawyer, I understand how frustrating and disheartening it can be when the police refuse to register an FIR for a cognizable offense. However, remember, you have options and your right to justice cannot be denied. Here’s what you can do:
1. Assert Your Right:
- Politely but firmly remind the police officer of your right to file an FIR under Section 154(1) of the CrPC.
- Clearly state the nature of the cognizable offense you have suffered (theft, assault, etc.).
- If they still refuse, insist on a written explanation for their denial.
2. Take Immediate Action:
- File a complaint with the Superintendent of Police (SP): Submit a written complaint detailing the incident, the police station’s refusal, and your request for FIR registration.
- Approach the Judicial Magistrate: Under Section 156(3) CrPC, you can directly file a complaint with the Judicial Magistrate who can direct the police to register an FIR and investigate.
- Seek legal advice: Consult a lawyer specializing in criminal law. They can assess your case, draft the necessary documents, and guide you through the legal process.
3. Consider Additional Options:
- File a writ petition in the High Court: You can petition the High Court to issue a writ of mandamus compelling the police to register the FIR and investigate the case.
- Approach the National Human Rights Commission (NHRC): If you feel your right to life, liberty, and security have been violated due to police inaction, you can file a complaint with the NHRC.
- Publicize the incident: In extreme cases, bringing media attention to the police inaction can sometimes expedite action.
Remember:
- Keep copies of all documents related to the incident and your attempt to file an FIR.
- Maintain a calm and assertive demeanor while interacting with the authorities.
- Do not lose hope, and persist in seeking justice through available legal channels.
Intimidation or apathy from the police should not deter you from seeking justice. As a lawyer, I am here to guide you through this process. Remember, you have the right to an FIR and the right to justice.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
