Criminal Law

Remedy against non-registration of FIR

What is alternative remedy against Non-Registration of FIR ?

Many times people faces problems in police station because police refuse to register FIR on their complaint. 

Now, this question arises in mind that what is alternative remedy against non-registration of FIR by Police.

If someone gives any complaint, Police is duty bound to register FIR on the basis of complaint. 

What is alternative remedy available to the complainant, if police refuse to register FIR ? Lets us know the remedy in following paragraphs.

Statutory Provision of FIR

Section-154 speaks about registration of FIR, which is mandatory provision for police personnel.

Registration of of an FIR is mandatory under Section 154 of the Code on commission of a cognizable offence.

Police should not conduct preliminary inquiry on the complaint disclosing cognizable offence to avoid any  Delay in FIR.

Reference Case Law : Sammeta Laxman vs. The Government of AP, 2011 Cr.LJ 1884 (AP)

Application to Superintendent of Police

If SHO refuse to register FIR, the next remedy with the informant is sending the complaint to SP by post.

Sending Application to SP is mandatory before availing remedy of Writ of Mandamus. (Dhanalakshmi vs. Station House Officer (2013) 2 ALD Cri 748)

Application to Magistrate for FIR

Under Section 156 (3) of the Code gives independent power to Magistrate to order for investigation on the complaint of petitioner.

Magistrate has power to entertain directly a petition under section 190/200 CrPC even without a complaint under Section 156(3) of Cr.P.C.

Magistrate has ample powers in the matter directing police investigation into a crime if Police do not discharge their statutory duties properly.

Informant should avail remedy provided under Section 154(1) & 154(3) before approaching to Magistrate for under Section 156(3).

However, the Magistrate does not have any power to direct the CBI to conduct investigation in exercise of its power under Section 156(3).

Reference : CBI vs. The Joint Commissioner of Customs, IGI Airport Delhi (2006 Cr.L.J 2838)

Writ Petition to High Court for FIR

The Writ Remedy is extra ordinary remedy and equitable remedy in order to get direction for police.

However, Writ Court does not entertain the Writ Petition without availing alternative remedy.

If the aggrieved person has not availed all the other remedies under Criminal Procedure Code, 1973, Ordinarily Writ Court does not entertain petition.

Reference of Criminal Judgments : Govind Raju Sami vs. State of Telangana, 2019 Cri.L.J. 3116

Refusal to Register FIR Attracts Penal Action

AP State Government properly understood the Scope of Section 154(1) and formed the AP Police Manual.

The Police Manual has gone to the extent of reminding the police that refusal to register FIR about a Cognizable offence is punishable under Section 217 IPC.

Conclusively, remedy against non-registration of FIR is with Magistrate under Section 156(3) of the Cr.P.C.