What to Do If a Police Official or Officer In-charge at Police Station Refuses to File your F.I.R.
F.I.R. (First Information Report)
Now a days there were several Incident happens with common person where Police Official or Officer In-charge of police station not obey his official duty in respect of lodging a F.I.R at Police Station.
Sometimes due to Negligence and work pressure is the common reason for delay; Sometimes Police will take time for Investigation of matter. In above such situation Police will register the F.I.R when he found reasonable grounds to register F.I.R.
When Police Officer misuse his power for not registering the F.I.R in the Influence of someone or with his malafide intention what a common people Do?
The common people at this time must acquire the knowledge about F.I.R. and process to register a F.I.R. by going personally or through oral or written communication (for details refer Video & Flow Chart).
At the same time he start proceedings towards such officer who denies such duty you can move ahead through administrative action which also known as departmental action as well aggrieved person can initiate the legal proceedings in the Court of Law for criminal offences as well as in Civil Court for compensation. (For details refer Video & Flow Chart).
Process of F.I.R.
Process of F.I.R is comes under the Sec. 154 to Sec.176 of CrPc. as far registration of F.I.R Sec154 to Sec156 of the same Act deals with the registration of F.I.R by Officer In-Charge , by intervention of S.P and by the intervention of Courts.
For the Criminal proceeding against such officer Sec. 166 (a) of Indian Penal Code 1860 empower to aggrieved to prosecute such accused officer. (For details refer Video & Flow Chart).
[Whoever, being a public servant — Sec.166(a) I.P.C. 1860]
(a) Knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or
(b) Knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or
(c) fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, 2[section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.