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Lodging of FIR

So many times we here that police refuses to accept an FIR unless pressurised by media or some social or official or political authority.On one hand the person is already suffering on the other hand police harrasses him by not accepting the FIR.

While not much may be done by the police even if the FIR is lodged, but its lodging becomes a must for a person in cases of theft, harrassment and in case any other crime is committed against him.

Not only police officials are reluctant to accept the FIR, they posotively discourage the person/persons from lodging the FIR.

I fail to understand why no departmental action is taken against the police officials who refuse to accept the FIR in first place?

I think, the system needs to be changed.

1. Action must be taken against the police official who refuses to accept the FIR.

2. Lodging of FIR should be allowed through internet where in acknowlegement shall be generated immediately as in case of payment of taxes on net. System has to be designed in such a way that It should not be possible to edit the FIR content by any body once FIR is lodged, nor should it be possible to change the date and time of submission of FIR. Also the system should forward it immediately to the concerened police official for necessary action.

What can be done if a police officer at the police station refuses to register my FIR?

Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the part of either to register the complaint, you can then file the complaint before the Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure.



The following article of Times of India is informative and helpful.

THE TIMES OF INDIA

Lodging an FIR

19 May 2003

No person has the right to take the life of another or cause injury. A free societyís existence will naturally be in peril if individual members are allowed to disrupt its functioning without restraint of any kind and take the law into their own hands. Every civilised society has adopted both substantive and procedural laws to prevent or punish those who wish to harm others.In our legal system, the criminal offences have been defined in different sections of the Indian Penal Code (IPC) with punishment for each offence. Similarly, the procedure to be followed by the police and law courts for applying criminal laws is also clearly specified in the Criminal Procedure Code (Cr. P.c.)

Lodging First Information Report (FIR) is a citizenís fundamental right against any criminal offence. In fact, it is the first requirement of law to be completed for initiating criminal proceedings against any criminal offender. The police is duty bound to register the complaint of an aggrieved person. Even on the telephone an FIR can be recorded. The accused as well as the informant are entitled to a copy of the FIR. The first information of the commission of a cognizable offence is enough to constitute an FIR. Mention of the time of commission of offence or who committed it, is not essential.

Nature of Offence: In the case of non-cognizable offence, the substance of information can be lodged in a police station and shall be entered in the station dairy, maintained for this purpose, and the information shall be referred to the magistrate of appropriate jurisdiction, as the police are debarred from investigating it. While this bar under the law must be confined to non-cognisable offences, where the set of facts constitute both cognizable as well as non-cognizable offences, the police will be fully within its rights to investigate the facts of the matter thoroughly and frame the accused under the relevant charge accordingly. It is for the law court thereafter to uphold or reject the charge after taking into consideration the relevant facts and law points involved.

What if the police refuses to register the FIR:

Under the law, many remedies are available to the people in case the police refuses to register an FIR.The informant can approach the Superintendent of Police of the area concerned and seek his intervention in the matter. The information may either be recorded by the Superintendent of police himself or he may send the informant to the police station again for the registration of FIR. In case, the approached senior police officer does not listen to the aggrieved person or help him in g etting the FIR registered, he can approach the concerned Magistrate and file a complaint before him who is fully empowered to take cognizance of a cognizable offence.If the magistrate is not satisfied and dismisses the complaint without assigning proper reasons, the aggrieved person can approach the High Court and later the Supreme Court of India, if need be, for getting the needful done.