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Rahul (trainee)     02 December 2011

Can police deny to file fir of cognizable offence

Sir, 

I visited Police station to file Cognizable offence about cheating forgery U/s 34, 405,415, 463,468 of IPC  but police was not cooprating they have acknolodged the latter given to them but FIR no. has not been given please let me know what to do in this.

thanking you in advance.



Learning

 5 Replies

DR.SANAT KUMAR DASH (Eye Specialist)     02 December 2011

It   is   mandatory   for   the   Officer-in-Charge   of   the   Police   Station  to   record  any   information  lodged   at  the   Police  Station  relating   to   a   Cognizable  Offence......P.Natarajan   versus S.H.O. ( 1991 )Crimes 15 Mad.

1 Like

Rakesh Shekhawat (Advocate)     03 December 2011

 

Yes it is mandatory that 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 informants 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.  A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

 

But our police system is so corrupt and seldom foes his job. So if any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information,  may send the substance of such information, in writing and by post, to the Superintendent of Police concerned or he can file a criminal complaint  in competent court.

 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

:-)

 

Though in most cases, courts have held that it is mandatory, police routinely deny registration of FIR.

 

The remedy lies in moving court.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Seetharamreddy Kancharla (Student)     18 December 2011

file a private complaint in the court and court will find if there is any primaphacy they will direct to the concerned policestation even though police send a final report whcih is false then u can file protest petetion in the same court then the court will do sumato case on the accused person.

1 Like

Sudhir Kumar, Advocate (Advocate)     04 August 2013

what is your case


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