When a crime is committed the State steps into the shoes of the victim and prosecutes the offender. This concept ensures that people do not take law in their own hands. The prosecution of offender commences from the registration of F.I.R. But we have often experienced that people struggle in getting their FIR registered in Police station. There can be many reasons for non-registration of F.I.R. by the police which may include endeavour to keep the crime figures down, habitual complainants, preliminary inquiry, extraneous considerations, etc.
In the case of Lalita Kumari vs Govt. of U.P., [(2014) 2 SCC 1] the Supreme Court has mandated that the officer in charge/SHO of the Police Station is bound to register F.I.R. and initiate an investigation when information regarding the commission of the cognizable offence is received. At the stage of registration of F.I.R., the truthfulness of allegation in the complaint is not relevant, as the veracity of allegations has to be verified in the investigation. Though preliminary enquiry may be conducted in respect of complaint alleging Medical Negligence, Belated Complaints, Matrimonial offences, Commercial disputes etc.
In case the officer in charge/SHO of the local Police Station does not register F.I.R., the Complainant/informant/Victim may approach the Superintendent of Police/D.C.P. seeking registration of F.I.R. The senior officers have monitoring powers under section 36 of the Code of Criminal Procedure, 1973. The Police officer’s superior in rank to an officer in charge of a police station/S.H.O. may exercise the same powers as may be exercised by such officer within the limits of his station.
There can be a scenario when despite approaching the senior police officers the grievance of the complainant/victim is not redressed and the F.I.R. is not registered. In that scenario, the complainant may approach the court of concerned Judicial Magistrate First Class/Metropolitan Magistrate under Sec. 156(3) of the Code of Criminal Procedure, 1973 CrPC seeking registration of F.I.R. On the directions of the Court, the police are bound to register the F.I.R. and start an investigation.
In case the court comes to the conclusion that police officers being a public servant intentionally or knowingly has disobeyed any direction of the law and has caused injury to any person by Non-Registration of FIR, the court may issue direction for initiating department or criminal actions u/s 166 IPC or Section 166A IPC against the erring police official.
