What can we do if the Officer incharge of the police station refuses to register an FIR???
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Answers
Answer:
H/She should understand his/her post and register the FIR tithe officer.
Explanation:
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What can you do if your FIR is not registered?
You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
You can file a private complaint before the court having jurisdiction.
You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police do nothing to enforce the law or do it in a biased and corrupt manner.
In Ramdev Food Products Private Limited v. State of Gujarat, a three-Judge Bench while exercising the power under Section 156(3) CrPC held that the direction given under Section 156(3) is to be issued, only after application of mind by the Magistrate. Cases where Magistrate has yet to determine “the existence of sufficient ground to proceed”.
Supreme Court in Aleque Padamsee And Ors vs Union of India held that when no action is taken by the police even when all information has been given to police. The complaint can under Section 190 read with Section 200 of the Code lay the complaint before the Magistrate of the offence and further, the Magistrate is required to enquire into the complaint ahead.
In Suresh Chandra Jain v. State of Madhya Pradesh and another Supreme Court held that it is the duty of the office-in-charge of the police station to register the FIR.
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