Threatening
Querist :
Anonymous
(Querist) 31 August 2018
This query is : Resolved
Can we do FIR if someone threatening to me for killing and kidnapping whereas police station register my complain but not do fIR
KISHAN DUTT KALASKAR
(Expert) 31 August 2018
Dear Sir,
If inspector of police do not issue FIR in respect of cognizable offence then you can send your complaint again to concerned Superintendent of Police or lodge a private complaint before magistrate.
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154 (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 subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who,
156(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
Section 154 in The Code Of Criminal Procedure, 1973
154. Information in cognizable cases.
(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 subsection (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.
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156. Police officer' s power to investigate cognizable case.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
Dr J C Vashista
(Expert) 01 September 2018
Did you approach your area senior police authorities and get no positive response? If so, contact and engage a local lawyer to move to area Magistrate for filing complaint u/s 200 r/w 156(3) Cr PC for directions to police to lodge FIR and investigation.
ashok kumar singh
(Expert) 01 September 2018
agree with views and opinions of experts, therefore put no further comments,
thanks
ashok kumar singh,
advocate
