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What to do When the Police Refuses to File the FIR?

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Why FIR is necessary ?  

What to do When the Police Refuses to File the FIR? It is very essential to file FIR. Even police cannot act without filing of the FIR no matter how serious is the nature of crime. Let’s examine through this piece of writing some important aspects related to FIR. FIR (First Information Report) is registered by the police in writing upon the basis of which, the person against whom the FIR has been registered with the police station could be arrested without a warrant. Having the knowledge of it in details would come handy in hour of crises. We should all know its implications.What to do When the Police Refuses to File the FIR ?After the FIR is recorded, the police can initiate investigations on its own without the permission of court.

Article by – Ashi Garg

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1.) What are the essentialities of the FIR?   What to do

When the Police Refuses to File the FIR?

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  • Your name and full address
  • With what status/capacity are you filing the FIR?
  • His name with whom the incidence has happened.
  • Date, time and place of the incident happened.
  • Eye witnessed details of the incident happened.
  • Names with full descriptions and details of the persons involved in the incident if known.
  • Details f the items stolen and its costs.
  • Information about eye witness if there be any.
  • Any proof left behind by the accused criminal.
  • Medical certificate would have to be produced in case of injuries on body. This certificate should be obtained from the same hospital where the treatment has been gotten.
  • It is a crime to tell the truth by turning, twisting and twirling it or keep on changing the statements over and over again.
  • When the Magistrate feels the statement of the complainant to be half baked enough not suitable for further investigations, he sets aside the case and keeps a brief record of it.

 

2.) You can file FIR if

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A crime has been committed against you.

  • you know about a crime (you will have to put in your signature on the FIR and you will have to explain where did you obtain the information of the crime from).
  • You have seen the crime being committed.

 3.) Where to file FIR?

The FIR could be filed to the nearest police station from the place of occurrence of the crime. If you do not know where the police station is located, the FIR could be filed in any of the police station through out the country.

4.) What is the procedure of the FIR?  What to do

When the Police Refuses to File the FIR?

As per section 154 of the criminal procedure code of 1973:-

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  • If you are verbally filing the FIR, the police will have to record this.
  • It is within your rights to know how the police have recorded the information given by you after registering the complaint.
  • Your signature is essential on the FIR after its registration. But never put your signature without reading the full contents of the report. Examine carefully whether everything is written in exactly the same manner as detailed by you.
  • Illiterate may put in the imprint of his opposite thumb.
  • Always keep one copy of the FIR with you. You can demand it from the police. This is matter of your right. You don’t have to pay a penny for this to the police.

5.) What when the police refuses to file the FIR?

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When the officer doesn’t record your FIR, you can complain to the district superintendent of police straight away along side complaining against the officer in question. Send the complaint in writing through the registered post. What to do When the Police Refuses to File the FIR?

  • Meet the SP individually or the DIG, ADG, DGP until your grievance gets addressed.
  • The complaint could be filed in the court where the hearing is to be held.
  • If the police does not take appropriate steps or try to harass you, you can knock the doors of State Human Rights Commission or the National Human Rights Commission. Complaint would be registered on the above mentioned places as well.
  • Force the police to give statement under section 161 of the CRPC.

 

for more details – visit http://advocling.com

 

 


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