Balaji sundaram (owner) 16 November 2013

Chennai police commissionar not filing fir

Dear sir

I submit a complaint to the Chennai police commissioner in May 2013. My complaint was forwarded to the central crime branch and the police Inspector called me and did the enquiry.

The police Inspector recommend filing the FIR under IPC 420 & 406 and then Assistant commissioner, Deputy Commissioner & Joint commissioner has approved and waiting at the commissioner table for the past 4 months.

Every week I do the follow up with police and they keep saying the file waiting for commissioner approval. But until now FIR is not filed.

It looks endless. Please advise me what is the next step I can do.

thanks

babu

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3 Replies

Suri.Sravan Kumar (senior) 16 November 2013

you can also file private complaint U/S 200 CRPC before the concerned Magistrate court and the court will issue direction to the police to investigate and file the report.

secondly you can also file application under RTI Act to enquire about the status of your complaint.

sravankumar

Advocate

2BHelpfull (Other) 16 November 2013

If FIR is refused to be registered by Police, then the complainant goes to Magistrate to file a defamation case; a Private Complaint Report (PCR) is filed under sec. 200 of CrPC.
The Magistrate after preliminary enquiries i.e. after the complainant and his witnesses deposes before the courts about the basic facts of the case.

Kumar Doab (FIN) 16 November 2013

Mr. Sharavan Kumar has given valuable advice. Kindly follow it.

The RTI shall help to set the ball rolling.

In a similar case the complainant sent a telegramme to Chief Justice of the High Court and concerned Commissioner Police, SHO had to appear and were fined Rs.10000/

As per directives of apex court each state had to set up POLICE COMPLAINTS AUTHORITIES.

The state of Tamilnadu was late and then adhered to it.

The list of POLICE COMPLAINTS AUTHORITIES can be seen at Page 101 at:

https://www.humanrightsinitiative.org/publications/police/PoliceComplaintsAuthorities_ReformResisted.pdf

The state of TamilNadu does not feature here.

As per publication at following link: four-member committee will be headed by retired Judge of Madras High Court P. Shanmugham

https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/police-complaints-authority-constituted/article1104671.ece

The authority will inquire into allegations of………………………………….involving serious abuse of authority by police personnel.

It has to submit its findings within 60 days of the receipt of the complaint. The four-member committee will be headed by retired Judge of Madras High Court P. Shanmugham, a release from the Home Minister's Office said.

There are other publications at:

https://articles.timesofindia.indiatimes.com/2013-09-14/chennai/42061785_1_state-human-rights-commission-police-reforms-minimum-tenure

https://www.humanrightsinitiative.org/programs/aj/police/india/initiatives/state_compliance_analysis/tamilnadu_chri_compliance_analysis.pdf

Tamil Nadu Government Compliance with Supreme Court Directives on Police Reform

6. Police Complaints Authorities

There is another thread on POLICE COMPLAINTS AUTHORITIES at:

https://www.lawyersclubindia.com/forum/Contact-details-92278.asp#.Uod7G9KAqWM

Kindly update the address of Tamilnadu POLICE COMPLAINTS AUTHORITIE if you get it.