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Dr Ramesh Yadav   21 November 2021

contempt of supreme court order

Could we make party to DCP, ACP and Sr. PI of local police station for not registering FIR under CrPC 154 and as per Order of Lalita Kumari Vs States of UP & Others.
The offence is made out but investigating officer misguiding the fact.
Please advise.


Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     21 November 2021

First get their reasons for not registering the complaint, by seeking information under RTI Act.

Information solicited:

1. Please provide reasons for not registering the complaint filed by..........................on................................before Station House Officers.......................

Then contact a local advocate and file a private complaint.

Dr Ramesh Yadav   21 November 2021

reason is political pressure and please guide about contempt of supreme court order.

minakshi bindhani   23 November 2021

As per the query concerned!

the ruling of Lalita kumari Vs State of UP clearly states that it is mandatory to register an FIR under section 154 of the Code of Criminal Procedure if the information discloses the commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. If the information does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted to ascertain whether the r information reveals any cognizable offence.

However, if a situation arises you may directly proceed with your complaint before a magistrate under section 200 of the code under an oath.

Hope it is useful!
Regards
Minakshi Bindhani
1 Like

P. Venu (Advocate)     23 November 2021

Why the FIR? Please post the facts.

Advocate Shivchand Mishra (Lawyer)     27 July 2022

If your complaint discloses a cognizable Offence and FIR has not been registered even after compliance of 154(3) crpc, then you can file complaint before the concerned judicial magistrate u/s 156(3).

Also remember, no sanction is required to prosecute police officials u/s 166a of IPC.

You can make party to,

1 )Sr PI, 2) Investigating officer (if other than Sr.PI) and 3) Commissioner/ SP of your district.

Note: Reply may not be of use to you but maybe helpful for others.


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