(Querist) 04 July 2021
This query is : Open
dear sir/madam ,
1) may I know what acknowledgment I can request for my complaint if police officer do not prefer to Fill FIR .
2) and also sir/madam, please let me know types of registering the complaint in case FIR not filled or preferred and what documents police officers needs to provide to us following complaint registered . Thank you .
Dr J C Vashista
(Expert) 05 July 2021
@ Guru, What is the problem / issue / dispute / complaint submitted to police ? Why do you need acknowledgement of complaint ? Facts and queries are not clear, re-write in simple language, if you are seeking obligation of experts on this platform. It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
However, as per your query if police is not registering your complaint then you can give written complaint and take acknowledgment on written complaint copy. You have to annex the documents related to your complaint. Take the help of local lawyer for further steps.
(Querist) 06 July 2021
dear sir , my concern is . when I keep written complaint letter on Sub inspector Table . he will read that complaint and due to political pressure , he may say we can't do FIR for this along some compromise words to me . he may chance also to give it back that my complaint letter to me with some advice to return to home or even he may keep complaint letter with him without doing further process .
so in this case , I need to say or to show to higher Policer officers with some kind of acknowledgement that I approached local police station on last month .
and also may I know sir, police complaint can be register by police officers but is not mandatory to do FIR ? in such case what acknowledgment they provide me sir ? thank you sir .
(Expert) 06 July 2021
Your explanation full of 'may's. Admittedly, the query suggests no real issue, but only a speculation which is beyond the scope of queries in this platform.
Dr J C Vashista
(Expert) 07 July 2021
The SHO did not find any cognizable offence in the facts mentioned in your complaint, therefore, did not lodge FIR. However, you may move to area Magistrate under the provision of Section 200 of the Criminal Procedure Code, 1973 if you have a complaint involving cognizable offence and your complaint has not been accepted by SHO & higher police officials.
T. Kalaiselvan, Advocate
(Expert) 08 July 2021
If you apprehend that the police officer may not accept your complaint or may not acknowledge the receipt of your complaint you may send the complaint by registered post with acknowledgement card attached to the registered post. The card received back by you will be a proper document to prove that your complaint was accepted by the police. If they still do not take any action on your complaint, you may approach the judicial magistrate court with a petition under section 156(3) cr.p.c. seeking its direction to the concerned police to take proper action on you complaint pending before them as per law.
(Expert) 10 July 2021
There is still an easier solution.
If a police officer (SHO) does not register a complaint in a cognizable case, you can “send the substance of such information in writing and by post to the Superintendent of Police”, under Section 154 (3) of the Criminal Procedure Code (CrPC).
Any police office above the rank of an SHO in the concerned area has all the powers of the SHO under Section 36 of the CrPC.
If the offence is a non-cognizable one the only course available to you is to approach the judicial Magistrate.