FIR or a First Information Report is an report and that information that first in point of time reaches the police. It is an written document that was the police prepare after receiving the information about the cognizable offence. In the general terms it is the complaint of the cognizable offence lodged with a police by the victim or by someone on his or her behalf. This report is the most important document because it sets the process of Criminal justice in the motion and it is only after the registration of a FIR the Police starts investigating the case.
What to one do if a police refuse to the register an FIR, for this it is the important to understand if the police officer is to be can refuse to register an FIR?. In a supreme court of india are held that- merely because it was to be received first in the point a vague, indefinite or unauthorized of the piece of the information cannot to be regarded enough.”
In case of a police officer refuses to register a FIR there are several ways available to the aggrieved party to the regain the services promised to him.
1. Complain to the Superintendent of the Police
The aggrieved can easily write a complaint of his case and send it to the Senior Officer of the police Commissioner or the Superintendent of police. The aggrieved also can send the copy of the case to the Chief Justice of the High Court of their state.
2. Complain to a Judicial Magistrate
The aggrieved may also can send a complaint copy to the Judicial Metropolitan Magistrate of the concerned jurisdiction, and the magistrate may also decide whether to it take cognizance or not after to be analyzing the letter.
The Complaint details may be sent to the Judicial Magistrate or Metropolitan Magistrate telling that police to register an FIR, investigate the case, and file the report before him.
3. File a Writ Petition
The aggrieved also may can easily file a writ petition for a mandamus against the defaulting police officer or to give the reason why an police officer should not be suspended from his position and the reasons behind why the FIR was not to be registered. The aggrieved may also ask for the damages or compensation under the article 21 for the deprivation of their life and liberty.
4. Complain to Human Rights
The aggrieved also can easily file the case in written form in the State human right commission, or the level National Human Right Commission against the who the police officer for denying the rights of the victim.
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