a public servant(SHO) purpotedly doing wrong things can be taken as non-cognizable offence
u/s 166 & 167- IPC, u/s 217 & 218 –IPC.
Can we ask his superiors to reister a FIR against him
Siv (engineer) 12 May 2011
I believe you can report the SHO malpractice to the senior authority after the SHO do the wrong thing. Get the proof of docs through the Right To Information Act.
Senior police may not respond because of the offences you listed are non-cognizable. They may guide you to go to court and file Private Complaint and court takes the cognizance of the offence and direct the police to investigat it or court itself may takeup the matter and proceed.
I have done this in a case. My mother prefferred a case against the accused. The SHO/IO refused to record my statement initially later he changed my statement and my mother statement such that statements are in favor of accused.
My mother made complant to the DGP and DGP ordered to appoint a new IO to investigate. Now we are thinking to file criminal case on police and we asked DGP office to know (via Right To Information Act application) the procedure to be followed to make complaint on SHO/IO.
Sudhir Kumar, Advocate (Advocate) 25 April 2012
please eleborate facts leading to 166/167/217/217 may also be attacting cognizable provisoins of PC Act.
Please also state if it is state of UT Police
You can complaint to DGP and then move to High Court fro writ mandamus.