If police delay registering or avoiding FIR, there is a provision in cr.p.c. for filing private complaint befodre the Magisttrate . Please consult a local lawyer and file a private complaint before Magistrate.The Magistrate later gives direction to register FIR and proceed with investigation etc. dr vedula gopinath advocate high court more
Dear SRI Prithvi Raj Sikka..... There is a practice seen in the courts asking the complainant or his lawyer whether any complaint was first lodged in the Police Station and whether it was registered earlier, when a complaint of cognizable nature is filed before the Magistrate and the proof of it is needed to be answered. Then the question arises the issue of any receipt by Police of having delivered the complaint in the Police Station. Regards, Visweswararao more
For the purpose of having a better understanding let me reproduce the provisions of Sec. 154 Cr.P.C "Information in cognizable cases." for better understanding and discussion of the issue in question. (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant. (3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence. Let the discussion now be continued. more
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