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Dr Ramesh Yadav   04 May 2023

Complain against police officer

I had done written complain to the police station for cheating and forgery but when police was not taken cognizence I went for 156(3) and got order to register FIR.

Please suggest can I complain against police officer who made unnecessary delay for concluding his decision in view of saving accused.


 4 Replies

SANTOSH TIWARI (Advocate)     04 May 2023

 If such an application under Section 156 (3) Cr.P.C. is filed before the Magistrate, the Magistrate can direct the FIR to be registered if any cognizable offence is disclosed. When an Order for registering a case u/s. 156(3) Cr.P.C is passed, the Magistrate concerned should generally fix a time frame preferably within one or two weeks by which time the FIR should be registered. In case of non-compliance, the Magistrate can take action against the Concerned Police officer.

Conclusion : You firstly appear before concerned SP for speedy action and even if the authority failed to act favorably you may again reach concerned CJM.

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T. Kalaiselvan, Advocate (Advocate)     04 May 2023

You cannot complain against the polie officer who delayed the registration of FIR, no complaint will be entertained by the police..

You have already got remedy through judicial magistrate court in the form of a direction and got the FIR registered.

You may wait for the police to investigate the complaint and file the final report or charge sheet before the concerened court.

If you find the charge sheet or report is not in accordance to your complaint and if any vital points have been excluded in the inquiry report, you may file a petition before  the concerned court under section 173 (8)  Cr.p.c. for reinvestigation or further investigation as per the situation.


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Dr J C Vashista (Advocate)     05 May 2023

Yes, complaint can be made against police official after obtaining sanction under section 197 CrPC.

1 Like

Niharika Lohan   11 May 2023

Hi Dr. ramesh, I'm Niharika, an advocate practising in and outside New Delhi. I've read your query and here is my take on the same.

In the above case, you can make a complaint agaianst the Police Complainatnat Authority. It can be doe in two ways.Firstly,  if the concrened police officer is above the rank of Supretendient of Police, then a complaint aginast him can be egistrede at the State Complainant Authority, which constitutes of a High Court Judge as the Chairperson and four other Judicial memebers, amonsth which one is from the judiciary, one from prosecution, one advocate and the last one from a social service sector. 

In the case, the police authority agianst ehich the complaiant is to be made is below SP rank, i.e., upto Deput Supredentient of Police, then such complain shall lie before the District Police Complaint Authority, which is headed by a retired District Judge alongside the members.

I hope you are able to get a better idea about your query, feel free to contact for further assistance.

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