FIR means first information Report.It is the First information received after the commission of the cognizable offences.FIR is registered for cognizable offences under Section 154(1) Of Crpc 1973.Cognizable crimes are those crimes in which police can arrest an accused without a warrant.It is not always illegal when the officer in charge refuse to lodge an FIR.As it all depends upon the reasons because of which the police officer refuse to lodge an FIR.
IF THE POLICE OFFICER REFUSES TO LODGE AN FIR BECAUSE :
1.The case does not fall within their Jurisdiction.
2.Deals with an offense which is non cognizable in nature or it outside their legal capacity to take cognizable of such an offense in such circumstances the refusal to lodge an FIR is legitimate and Justified .
Although if an FIR is refused on the ground of jurisdiction,it is mandatory for the police officer to record information about the commission of a cognizable offense and forward the same to the police station having proper jurisdiction otherwise, it would amount to dereliction of duty.
STATUTORY REMEDIES UNDER SECTION 154(3) CRPC :
When an informants right to register FIR is refused he/she can approach the superintendent of police and submit the substance of such information in writing by post.If the superintendent of police is satifed that such information disclose the commission of a cognizable offense then he might investigate the case himself or direct an investigation to be made any police officer subordinate to him.
Under section 156(3); read with sec 190 crpc :
If an informant remains unsatisfied even after pursuing the remedy under section 154(3) , he/she can further and pursue the remedy mentioned under section 156(3) read with section 190 CrPc.This is a different channel to get the FIR registered.This remedy is similar to the process of registering a complaint for non cognizable offence.As through this a channel Magistrate First taking cognizance of an offence under section 190 and then order for consequential investigation and the section 156(3).
UNDER SECTION 200 CRPC :
A complaint can be submitted to the magistrate orally or in writing under section 200 of the CrPC.After the submission of a complaint the magistrate will conduct a hearing,deciding upon this issue of cognizance. In this channel the complainant and the with thereof are examined on oath in front of the magistrate.
A writ of mandamus can be filed under article 226 or article 32 of the Constitution of India , directing the police officials to perform their duty and register an FIR.
WRITTEN BY MANVI SINGH…