S.H.O IS BOUND OR NOT

neeraj (Querist) 22 May 2008 This query is : Resolved
DEAR SIR,

THE UNDERSIGNED WANTS TO KNOW THAT ANY STATION HOUSE OFFICER OF THE POLICE DEPARTMENT IS BOUND TO REGISTER A F.I.R. IN ANY COGNIZABLE OFFENCE IF COMMITTED AND INFORMED ACCORDINGLY.

IF BOUND AND DOES NOT OBEY THE LAW. IS THAT OFFICER SHALL FACE THE LEGAL PROCEEDINGS. IF YES KINDLY EXPLAIN THE LAWS UNDER WHICH THAT OFFICER MAY FACE THE PROCEEDINGS.

THANKS,

NEERAJ CHAWLA
CONTACT # 94171 94171

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H. S. Thukral (Expert) 23 May 2008
A Police Station I/c or SHO is bound to register a FIR on report of a cognizable offence under his juridiction. However in a recent judgement the Apex Court has observed that Police is within their right to make a preliminary inquiry in to reporting of an offence before registering a FIR
Only remedy judicially is to approach the Magistrate for directions to Police to register a FIR. A Police Officer who is lacklustre in performing is answerable administratively to the department and not the judiciary.

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