S.H.O. who do not register a F.I.R. is found guilty or not
(Querist) 14 April 2008
This query is : Resolved
Often we read in national dailies that Supreme Court of India give directions to register a F.I.R. of the cognizable offence. But if a S.H.O. does not obey the orders. Is this a Contempt of Court? If it is can we file a writ petition before the Hon'ble High Court to give directions to register a case against the concerned S.H.O.. One thing more that even if the matter between the two opposite parties has been settled. My question is the offence made by the concerned S.H.O. stands or not by not registering a F.I.R. after receiving the information. The party has sufficient material to prove that the S.H.O. got the information. Even the party complaint to the higher authorities against the S.H.O. for not registering the F.I.R. and told the authorities for his active connivance with the other party. But after few days the higher authorities of the police department resolved the matter between the two parties. But my question remains stand that whether the S.H.O. who do not register a F.I.R. is found guilty or not. What necessary action can be taken against the said S.H.O. so that he may not repeat the mistake.
(Expert) 14 April 2008
(1) You should file a specific complaint to the Grivance Cell normally headed by IGP(Admn) ,to State police Hq with details of facts asking him to inform you by post.Send complaint by post Regd.Post/Speed Post with AD.
or alternatively or simultaneously
(2) You can file a complaint case against SHO before the magistrate u/S 190 of CR.PC 1973,for (a)Not registering FIR as an attempt by the SHO to shrink his responsibility towards his duties of not registering the complaint immediately as enshrined in statutes(Sec.154,155,156,157 of Cr.PC 1973) enacted by the parliament. (b) the collusion of SHC with the accused with an intention of screening the offender from legal punishment or SHO disobeying direction of law with intent to save the offender from punishment.
The complaint against police to magistrate shall not be sent again to Police for investigation U/S 210 or 156(3) of Cr.PC 1973,rather cognisance shall be taken ,he is bound under law for starting S 202 enquiry ,on establishment of a Prima Facie Case on examining you in the court .But I suggest you ,judge your evidence ,if case is established fully then only file the complaint case.If you can not prove it you must not play in Court.
The SHO is guilty or not it is departmental or judicial proceedings can tell.If proved guilty not only he shall get punishment from his employeri.e State(He shall be suspended if arrested,dismissed if sent to jail on conviction) and of course he shall get punishments as ordered from court.
I again tell you evaluate your evidence properly preferably by Criminal Expert Lawyers ,not one but atleast four or five if you are determined.