What can you do when an officer refuses to lodge FIR?
What can you do when an officer refuses to lodge FIR?
You have three options if the police refuse to register an FIR. The complainant can approach the SP who will investigate matter and get it registered; file a complaint in the jurisdictional court; approach the Karnataka Lokayukta and file a complaint.
Who can question the police for the refusal of an FIR of a complainant?
In case of default by the empowered party for his refusal under Section 154(3) of Code of Criminal Procedure, 1974 on unreasonable grounds, law provides us a way out by moving to a higher-ranking officer, Superintendent of Police, Deputy Inspector General or Inspector General of Police for instance, for filing a …
What happens when an FIR is lodged?
Once an FIR has been filed the police are legally bound to start investigating the case. Once the investigation has been concluded the police will record all their findings in a ‘Challan’ or charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.
What is the next step of FIR?
After an FIR or complaint is filed, the next step is an arrest (in case of a cognizable offence) and investigation.
What to do if the police deny to lodge an FIR?
If the Police still deny lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary. You need to ensure that you get a receipt of your complaint after it is registered.
What happens if a police officer refuses to lodge a report?
However, if the police officer refuses to lodge the report on some unexplainable grounds or even without giving any reason, it’d definitely be considered illegal. Then the aggrieved would have to seek remedy for the same as provided under the law, which has been discussed next.
What to do if the police refuse to register an FIR?
If you are reporting a crime and the police denies to register your FIR on unreasonable grounds, you can make a complaint to a higher ranking officer. If the Police still deny lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.
What to do if the police are not enforcing the law?
Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt. Things you must not do: Never file a false complaint or give wrong information to the police.