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Non registration of fir by police

(Querist) 27 August 2016 This query is : Resolved 
HI,
My story is that I went to register a case of assault and damage to property against a stranger following a road accident at

PS Neb Sarai. Unfortunately I had called up the PCR at a place within PS Mehrauli's jurisdiction.

The reader at Neb Sarai said there was no diary entry and that I should first get mehrauli police to transfer the entry.
A Head constable then started to act very rudely and began to argue with me about the complaint being 3 days late. There are

good reasons for this, being my office hours and that I am recovering from an ankle fracture.

I said I would complain to the DCP if he didn't behave whereupon this guy threatened to lock me up and beat me.
I complained to the SHO, who has assured me action on the original case but not against his own constable.

My question is:
1.) Am I supposed to know about the internal administrative procedures of the police and get the diary entry transferred
myself?
2.)Should I forget about the constable's misbehavior, drink up the insults he offered and continue to eke out my existence like an insect under this overwhelming system?
3.)Is there any legal redressal for such police abuse of power?
Devajyoti Barman (Expert) 27 August 2016
1. You can file RTI application asking for the information on transfer of GD entry.
2. No, not at all.
3. Yes, lodge a formal complaint in writing.
Rajendra K Goyal (Expert) 28 August 2016
Agree with the expert Devajyoti Barman.
Raj Kumar Makkad (Expert) 29 August 2016
If you had been hospitalized then why you had not told the doctor to take police action, Had it been there, doctor must have sent the Rukka (notice/intimation) to the concerned police station and then your statement/complaint must have been written/recorded by it and accordingly due action would have followed.

Anyway, if that has not been made, you make a representation to the DCP mentioning entire version and seek due action failing which file a complaint before the local criminal court under section 190 of Criminal Procedure Code.
Anand Paul (Querist) 29 August 2016
Thank you all for the replies!
Sirs, no one has suffered any physical injury.
I am relying on section 279 of the IPC to make this offence cognizable since the other driver was trying to overtake from the left on a narrow turn while my car was ahead of his.
Section 351 of the IPC states that gesture or preparation with intent or knowledge to cause physical harm is assault.
I have some photographs of both vehicles after the accident.
I know proving these charges is going to be hard but is there any advice on the kind of proof required?
Rajendra K Goyal (Expert) 02 September 2016
Show all documents to local lawyer and proceed as per his advice.


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