Last Updated on June 10, 2024 by Satish Mishra
Police not filing FIR, Police not taking action, Police not taking charge sheet, Police not registering FIR complaint, non registration if FIR, and many more…
This is pretty usual for criminal lawyers and advocates to hear every day in courts from client but what they suggest to their clients is what makes the difference in a criminal complaint.
Please note here that police is under obligation to report cognizable offences only and if the one you are reporting is a non-cognizable one then it is better to approach the magistrate with a private complaint straight away.
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Cognizable offences are of much serious nature as compared to non-cognizable ones. You may read the list here.
If the question is of life and death, then please don’t wait , approach High Court and file a writ under Article 21 for protection of life and liberty at the earliest.
How to file a Criminal Complaint?
You can do it on your own or take the expertise of a criminal legal advisor depending on the case and urgency. First and foremost put the facts in writing with date, time, names, role of each individual in crime and what specifically they did to commit the crime. If you can cover all this, you will be setting a strong foundation for your case.
But we hate work, so do police officials. Registering a FIR invites inquiry, trial, recovery, evidence, statements, reports , reply and so much…… This is why police officials don’t register FIR on every criminal complaint but on pressure or perks from the other side, they do it. But not all policemen are like the same nor the lawyers, some of them do their duty.
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If the matter requires immediate attention, dial 100 and inform the operator to send force urgently. Do give the correct address.
If the police doesn’t come or matter is brushed aside, then better to visit police station.
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The first complaint lies with Police Station under which your area’s jurisdiction comes in. Remember to take the receipt of your complaint or DDR number. If the official on seat refuses then don’t start arguing with him. Come back to your home and do this:
How to register FIR in police station?
1 Send the same complaint by registered post to SHO of the police station. If you have injuries, kindly have your medical legal report in short MLR (mostly on your own) from nearest government hospital.
2 CC the same letter to SSP Office by registered post u/s 154(3). Don’t worry, you will get the address online.
3 Kindly Secure both the receipts with you for filing a criminal case later.
4 Wait for at least a week.
5 If no action, then either file a criminal complaint 156(3) or private complaint u/s 200 in magistrate’s Court.
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Now it proper to take services of best/top/expert criminal lawyers as any further delay will hamper your case. Moreover, approaching the court at belated stage is mostly not entertained. So be quick.
If you are up the ante against injustice and differential treatment, then courts will be your succour.
You may approach State Human Rights Commission as well but it is most unlikely they will interfere unless it is crime against the society.
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Now most of the states allow citizens to register their complaints online. So you may try that as well on the state government police website.
Further you can approach the higher authorities regarding the inaction of concerned police official in your case. It rarely works , but you can try. You may succeed at the most in initiating a departmental inquiry against such cops or prosecute them under section 217 of IPC. Criminal Contempt petition may also be filed in the court of law.
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This all happens before registering of FIR. Even after FIR you may have to approach High Court for speedy investigation, against charge sheet if charges are not proper or some individuals are acquitted.
But law has its own course and justice is not far away. If you wish to speak to me regarding this, just dial 99888-17966 and say LegalSeva.
Don’t fear law rather exercise law.
