What Are the Legal Remedies When Police Refuse to Register an FIR
What Are the Legal Remedies When Police Refuse to Register an FIR As dealt with in the previous article, when an attempt is made for lodging an FIR [first information report] under Sections 154 or 155 of the Code of Criminal Procedure [CrPC], the police may simply register an FIR if an offence of cognizable nature is disclosed. In the event the police refuse to lodge an FIR, a complaint can be made before the Superintendent of the Police [SP] or Commissioner of Police [CP] and thereafter, such officers may investigate themself or direct an officer subordinate to them to investigate. However, in the event no investigation is conducted by the SP/CP nor is it directed to be conducted through a subordinate officer, the remedy available to the informant/complainant is to approach a Judicial Magistrate of First Class [JMFC], who has the jurisdiction over the concerned police station before which an initial attempt to lodge an FIR was made. The said remedy is available to the informant u