What if Police Refused to register the FIR

 


It  is  mandatory for police to register FIR and if they fail to do so, they’ll be guilty u/s 166 of IPC which states, Whoever, being a public servant, knowingly diso­beys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

According to Section 154 (3) of Crpc, Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information and may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him.

  In Lalita Kumar vs State of UP and Ors., the five-judge bench of Supreme Court held that Registration of FIR is mandatory u/s 154 of Crpc, if the information discloses commission of cognizable offence and no preliminary  inquiry is permissible in such situation. The police officer cannot avoid his duty of registering offence, if cognizable is disclosed. Action must be taken against the officer who don’t register the FIR if information received by him discloses cognizable offence. 

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