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Raghu (Asst. Manager)     19 August 2014

Need help with filing fir

Hi,  there was a theft in my house and lost some gold, silver and cash.  When i went to the police station and filed a complaint, they came the same day to my house and took some details.  However they did not file any FIR.  I do not have the copy of complaint.  This happend during May end.   What is the process to get an FIR registered.  Please advise.



Learning

 4 Replies

laxmi kant joshi (instructor)     19 August 2014

Engage a lawyer and file complaint case u/s 156(3) crpc, in this regard in the court and request the court to do enquire into your complaint . �

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     05 September 2014

write a letter to the sho of the police station and file rti if you do not get reply

Ashok, Advocate (Lawyer at Delhi)     05 September 2014

As per the recent decision of a 5-Judge Constitution Bench of the Supreme Court in the case of Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1, it is mandatory for the SHO to register the FIR if the complaint given to him discloses commission of a cognizable offence. Therefore, by citing this judgment, in the first instance you can request the Superintendent of Police of the district to take disciplinary action against the SHO for failing to register the FIR. If need be, you may file an application for the Magistrate having jurisdiction over the area for directing the police to investigate under Section 156(3) of the Cr.P.C.

Seetharamreddy Kancharla (Student)     03 April 2015

File an RTI-2005 application before the SHO of concern police station and also ask the details of General Dairy of the Police station of your complaints dates two or three dates earlier then your complaint is received by the SHO or not. you can also mention the case law of Bajan Lal Vs State of Haryana if the compliant having the commissioning of cognizable offense it is the statutory duty of the officer to register the crime and start the investigation. other wise aggrieved person may send a letter to the concern SP under section 154(3) CrPC he will transfer the case to the other higher officer. you may get justice.


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