Remedies when police refuse to file “FIR”

Any person to whom any officer in charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction can write a complaint of his case and may send it by post to any-

• The senior officer of the police.
• Commissioner of police.
• Superintendent of police.

Also, the copy of the complaint may also be sent to the chief justice of High Court of that state, after analyzing that complaint superintendent of police or commissioner of police if thinks that it is a cognizable offence they may-

• Moreover investigation by themselves.
• Give direction to the subordinates to register the FIR and initiate the investigation in the matter.

And also the informant can complain to these officer regarding disciplinary proceeding regarding “misconduct”.

Any person to whom any officer in charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction may send a written complaint in the form of the letter to-

• Concerned judicial metropolitan magistrate.
• After analysing the letter magistrate will decide whether to take cognizance or not.
• An informant may also send an application to the judicial magistrate or metropolitan magistrate from sub-section (3) of section 156 read with section 190 of the criminal procedure code, 1973 telling that police to register an FIR, investigate the case, and file the report before him.

Any person to whom any officer in charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction can file a writ petition in the Hon’ble High Court for the-

• Issuance of writ of mandamus against the defaulting police officer.
• To give the reason of why he has not registered the FIR, and why he should not be suspended from his position of police service for interfering in the administration of justice and disturbing the accused person.
• And ask for damages/compensation, for the frustration and for the deprivation of life and liberty under article 21 of the Indian constitutio

Any person to whom any officer in charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction can file a case in:-

• State human right commission of that state or
• National human right commission.

In written form that particular police officer is not doing his duty of enforcing the law which is made to be enforce for public welfare, and that they are so negligent, biased and wholly corrupt, that they even don’t look the victim’s problem and that must create a mental trauma to the victim and he may frustrate too.