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anupa (student)     04 June 2016

My friend was assualted with baseball bat at his residence?

Hi!My friend was assualted with a baseball bat right infront of his gate with cctv footage at night.He recognised one culprit who was the rider. My friend and the father is having a long pending business rivalry and the matter is pending in the court.I am asking you that he was assaulted by a pillion on the bike whereby my friend recognised the rider of the bike while assualt my friend gave a good fight back and somehow managed to escape serious injuries while the guy was aiming on the head attempting to murder him. The next thing he does is since it was night he calls the cops that the assualt have taken place and he will come in the morning to write a complaint with cctv footage. The next morning he went and tried to put a complaint but the cops said we will get the person. when the jeep was left he was not present at his house in the afternoon inspead told that he will visit later. somehow he took time to do adjustment setting with the cops but after everything my friend told cops to write an  F.I.R but they refused saying he have no serious injuries but when the friend told about the cctv footage they saw and said the person face is not clear but my friend said he saw the person and cctv footage shows that he was indeed assualted right infront of his gate they refused to write F.I.R and instead wrote a chapter case. what is the best to do next.



Learning

 1 Replies

Pawan S (Advocate)     04 June 2016

This is a cognizable offence.

If the officer in charge refuses to record information in relation to a cognizable offence, then follow the below steps.

 

 

  • If the police officer is not registering FIR under section 154 of Cr.P.C, then approach the superintendent of Police (SP), with a written application, under sub-section 3 of section 154 of Cr.P.C, 1973.

 

  • The SP may either investigate the offence himself or direct any other police officer to investigate the offence instead.

 

 

  • Yet if, police refuse to register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. 

 

 

Regards,

Ekta


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