What can be done in case when Police Officer refuses to File an FIR? If a crime needs to be reported by you, and the police officer, on an unreasonable ground, refuses to register your FIR then Senior Officer can be approached. If still the FIR is not lodged, then a written complaint can be made to the nearest Judicial Magistrate. Then the Magistrate will order the police to register the FIR. These days there is E-filing of the complaint.
After the complaint has been registered, do not forget to take the receipt of the complaint.
The denial on filing the FIR by the police officer can be due to various reasons, one being – the issue is a pity one or if necessary territorial jurisdiction is not there in that police station. Crimes are classified into two categories as per law – ‘Cognizable’ and ‘Non- Cognizable’ offences. Only the FIR is registered in the cognizable offences whereas in the Non-Cognizable offences the Police is directed by the Magistrate to take the action. Crimes coming under the category of Cognizable Offences are Rape, Rioting, Dacoity, Murder etc. wherein the police can arrest without a warrant and Non- cognizable Offences includes Forgery, Public Nuisance, Cheating, Fraud, etc. where the police is not allowed to arrest without a warrant.
Remedying the Law – If you are refused by the police officer to file a FIR relating to a cognizable offence within its territorial Jurisdiction Under Sec 154(3), then senior Police officer or Commissioner of Police or Superintendent of Police can be approached with a written complaint. After being satisfied, the subordinate police officer will be directed by the senior officer to register the FIR.
If still the filing of FIR is not done by the police office then, a written complaint can be given to the nearest magistrate or the Metropolitan Magistrate U/s 156(3) (read with section 190 of Code of Criminal Procedure).
A Writ Petition can be filed in the respective High Court involving the Criminal matters so that Writ of Mandamus is issued against the police officer and is directed to show cause the intention behind not lodging the FIR. A contempt petition can be filed against the officer in case of Civil matters in the respective High Court. If police officer refuses to file the FIR on Judicial Ground, it results in 1 year of imprisonment of the officer. The petition for this can be submitted to Chief Justice of High Court or Chief Justice of India, Supreme Court of India so that they can take Suo moto action. A copy of the letter is sent to the Police Officer and it can be requested through an application under the RTI.
A Writ Petition can be filed in respective High Court in order to seek Damages/compensation happened during the course of not registering the FIR that led to frustration/deprivation of Life and Liberty of any Person under Article 21 of Constitution of India. If, as per U/s 166A(c), the public servant does not record any information Under sub section (1) of section 154 of Code of Criminal Procedure regarding the cognizable offence which is punishable under Section 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E or 509 of IPC he shall be punished with harsh imprisonment for a term of not less than six months which may extend to two years and shall be liable for fine also.