• Police not filing fir

My brother committed suicide because of repeated torture by his girlfriend. He has clearly mentioned the girl's name in an audio recording and suicide note and the reason for his suicide being her. 
Police is not filing fir saying they are not satisfied with the proofs.
What should we do?
Asked 1 year ago in Criminal Law from Ghaziabad, Uttar Pradesh
Religion: Sikh

1. First lodge written complaint with the local police and if on this basis no FIR is registered then file a petition in the court of Magistrate under section 156(3) crpc on which basis FIR would be registered by the direction of the court.

2. Thereafter also if police does not do much to nab the culprit then file a writ petition in high court against police inaction so the court keeps track on the investigation.

3. if your brother has left with a suicide note then your job becomes more easy.

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

There is a very easy way to Lodge FIR, but the FIR should be written properly and moreso do you have the police officers name who has refused it.

Aveek Bose
Advocate, Kolkata
1067 Answers
7 Consultations

4.7 on 5.0

Please approach jurisdictional magistrate court and file a private complaint under section 200 Crpc seeking direction to police to investigate matter and file final report. Even if they file B report you can contest the case and continue with trial as a private case and provide all evidence in your custody. Note that the suicide note can be treated as dying declaration.

Swarnarka Chowdhury
Advocate, Mysore
1800 Answers
4 Consultations

5.0 on 5.0

As per section 154 Cr.PC, it is mandatory to register FIR on the information of commission of Cognizable offence, and if Station House officer refused to lodge the FIR, the complainant has right to write his application to the concerned District SP/ DCP under 154(3) CrPC.

Even then, Police fails to register FIR, you can go directly to the court as per section 156(3)CrPC to seek remedy. The Court can direct the local police to register FIR and act accordingly.

But it is compulsory that a complainant must must take acknowledgement of the complaint from the police fbefore going directly to the court.

A private complaint under Section 202 CrPC can also be instituted by you. In an inquiry under sub- section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath and thereby can order investigation.

Feel free to call, if you want help regarding the same.

Regards.

Siddharth Jain
Advocate, New Delhi
5326 Answers
59 Consultations

5.0 on 5.0

Sir firstly give a written letter requesting to file FIR before the senior police officer in your jurisdiction SP/ commissioner. If then also they do not they any action.

Directly file a private complaint with the jurisdiction malagistrate. The magistrate shall take cognizance and order investigation

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

In your letter to senior police officer mention name of such police officer complaining that he has refused to file FIR in such circumstances.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

1) lodge complaint with police commissioner against refusal of inspector of Police station ti lodge FIR

2) you can file private complaint with magistrate under section 156(3) cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

File private complaint as mentioned herein above

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

1. If police does not file the FOR then it does not leave you without a remedy. You can file a complaint under Section 156(3) CrPC in the competent court to seek directions to police to lodge the FIR.

2. After the lodging of FIR if police does not conduct a free and fair investigation then you may file a petition for fair investigation also in the High Court.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

Dear,

Don't worry if police refused to file FIR. Appear in court and file application u/s 156(3) crpc.

After hearing your application court issue direction to concern police station for filing FIR.

Police can't deny that order.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Can the police refuse to file my complaint? Yes and no. A police officer can refuse to file your complaint if he believes the case is of petty issue or also if they don't have the territorial jurisdiction in such cases. Crimes are generally segregated into “cognizable” and “non-cognizable” offenses.

It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR.

COGNIZABLE AND NON COGNIZABLE OFFENCES

COGNIZABLE OFFENCES:

Section 2 (c) of the Criminal Procedure Code, 1973 defines Cognizable offences.

Cognizable offence/case means a case in which, a police officer may arrest without warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time being in force.

Cognizable offenses are usually offenses which are serious in nature. Like for example:

Waging or attempting to wage war, or abetting the waging of war against the government of India,

Murder,

Rape,

Dowry Death,

Kidnapping,

Theft,

Criminal Breach of Trust,

Unnatural Offenses.

Section 154 of the Criminal Procedure Code, 1973 provides that under a cognizable offence the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offense.

Police Officer’s Power to Investigate Cognizable Cases

Any officer-in-charge of a Police Station, without the order of a magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of the Criminal Procedure Code. 1973.

The Supreme Court of India, in Lalita Kumari vs. Govt. of UP on 12 November, 2013 held that ‘the police must compulsorily register the FIR on receiving a complaint if the information discloses a cognizable offence, and no preliminary inquiry is permissible in such a situation’.

The police cannot refuse to register the case on the ground that it is either not reliable or credible (Smt. Gurmito vs. State of Punjab And Ors 1996 CriLJ 1254 P&H). Further, refusal to record FIR on the ground that the place of crime does not fall within the territorial jurisdiction of the police station, amount to dereliction of duty. Information about cognizable offence would have to be recorded and forwarded to the police station having jurisdiction (State of Andhra Pradesh vs. Punati Ramulu And Others, AIR 1993 SC 2644).

It is the duty of the officer-in-charge of the police station to register an FIR when investigation under section 156(3) of CrPC is directed by the Magistrate, even when the Magistrate explicitly does not say so (Mohd. Yoysuf vs. Afaq Jahan, (2006), SCC 627).

NON COGNIZABLE OFFENCES:

A non-cognizable offence has been defined in Section 2(l) of Criminal Procedure Code 1973.

Non-cognizable offence means an offence for which, and `non-cognizable case’ means a case in which, a police officer without any warrant has no authority to arrest.

Non-Cognizable offenses are not much serious in nature. Example-

Assault,

Cheating,

Forgery,

Section 155 of Criminal Procedure Code 1973 provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate.

In case of Non-Cognizable offence, it is important for the police officer to obtain the permission from the Magistrate to start the investigation.

In such offences for arrest, following steps have to be followed:

Filing of complaint/F.I.R.

Investigation

Charge sheet,

Charge sheet to be filed in court

Trial

Final order of arrest if case has been made out.

Kunhumuhammed v. State of Kerala the court held that the report of a police officer following an investigation contrary to S. 155(2)[3] could be treated as complaint under S. 2(d) and S. 190(1)(a). It is necessary that at the commencement of the investigation the police officer is led to believe that the case involved the commission of a cognizable offence or has a doubt about the same and investigation establishes only commission of a non- cognizable offence.

Ordinarily a private citizen intending to initiate criminal proceedings in respect of an offence has two courses open to him. He may lodge an FIR before the police if the offence is cognizable one; or he may lodge a complaint before a competent judicial magistrate irrespective of whether the offence is cognizable or non-cognizable.

In Chinnaswami v. Kuppuswami, it was observed that the object of the Code is to ensure the freedom and safety of the subject in that it gives him the right to come to court provided he considers that a wrong has been done to the Republic or him and be a check upon police vagaries.

Conclusion:

1) What you are doing here that forcing police on ground of evidence to lodge a FIR, but that all evidence to against other person comes under Non-Cognizable, that's why they are not registering FIR.

2) So You can obtain the permission from the Magistrate to start the investigation.

3) You can ask the get investigation under Section 155 of Criminal Procedure Code 1973.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Yes you need to draft it properly. Add the police officers name and send it by speed post

Aveek Bose
Advocate, Kolkata
1067 Answers
7 Consultations

4.7 on 5.0

This is my response to you:

1. You have to make sure the FIR is filed;

2. If the officer still refuses then send a formal complaint to the sub-inspector of the district or the DSP;

3. If still not resolved approach High Court under criminal writ petition and make sure the FIR is filed, the court mandated FIR filing will be beneficial for you.

Gowaal Padavi
Advocate, Mumbai
1887 Answers
3 Consultations

5.0 on 5.0

You can make a complaint to a higher ranking officer. If the Police still deny lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.

Various States as well as the National Human Rights Commission provide the service of e-complaints where these complaints against the defaulter police officials can be filled on the Network Channel.

Shivani Bhargava
Advocate, Nagpur
4 Answers

Not rated

knowing the name of the police officer who refused to register FIR will not help.

Follow the legal procedure to register FIR as advised above.

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

Give a complaint to higherups of police department and approach the concerned Magistrate court by filing a private complaint by engaging an advocate to refer the matter for investigation also submit your copies of evidence before the Magistrate

Konda Srinivas
Advocate, Hyderabad
208 Answers
2 Consultations

Not rated

File a written Complaint to the superiors. Then you can file Complaint in Court under section 156(3) crpc

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

Dear Sir,

If police refuse then approach the High Court with that evidence. As a retired magistrate I say that it is sufficient to issue FIR. Ask the police you should call your dead brother to give statement before them. Make allegation in the High Court petition that that girl might have physically bribed Strictures will be passed against the police by High Court. The proforma 482 petition is as follows.

===================================================================================

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Criminal Petition No.616/2018

(Sub-Divisional Magistrate Court Bengaluru)

MEMORANDUM OF PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE, 1973

The petitioner respectfully submits as follows:

1.The address of the petitioner for the purpose of issuance of summons, notices etc., is that of his advocates Sri. Nagaraju, Advocate, No. 96, In front of Park, “Santhrupthi”, 3rd Main Road, ITI Layout, Chandra Layout, First Stage, Bangalore-560039, and also the address shown in the cause title. Whereas the address of the respondents for similar purpose is as shown in the cause title. Respondent no.1 is the Deputy Commissioner of Police, White Field Range, Bengaluru. Respondent No.2 is the Inspector of Police, White Field Police Satiation, Bengaluru.. Respondent No.1 is the Unit Head of White Field area Police Stations, hence he is made as party to this petition. The Respondent No.2 is the Inspector of Police, White Field Police Satiation in whose jurisdiction the offence was occurred and he who filed report under section 174 of Cr.P.C. hence he is made as party to this petition. The 2nd Respondent himself suo-motto recorded the statement of the Sub-Divisional Magistrate Court, Bengaluru has accepted the UDR report bearing No.48/2016 dated 03/07/2017, against which the complaint preferred this petition and under challenge. No FIR was issued in this case. The Investigating Officer namely respondent no.4 soon after receiving complaint from Sri. Jagadeesh the father of the deceased registered it as UDR No.48/16 under sectin 174 of Cr.P.C. and to that effect he has made endorsement on the complaint itself. No crime is registered is registered and not issued any FIR and not conducted any preliminary investigation. The respondent on the receipt of complaint came to the conclusion that it is UDR case and accordingly registered as UDR case. The present petitioner is no other than the son of the Complaint that is Sri. Jagadeesh. Thus there is non availability of the FIR in this case which can be made out from the endorsement on the complaint which part of UDR under section 174 of Cr.P.C.

1. The petitioner’s younger sister by name J Gowthami was given in marriage to Parthasarathy and their marriage was performed in the year 2007. On 27.11.2016 the petitioner received a phone call from his relative that his sister J Gowthami committed suicide in her husband house at Whitefield, Bengaluru City. The petitioners immediately rushed to the hospital (Columbia Asia), at Whitefield and was informed that on 26.11.2016 in the night at about 1.00 AM she committed suicide. On that fateful day the deceased Gowthami was residing in her house with her husband and two childrens. The father of petitioner and deceased is an innocent and illiterate person knowing only to sign. All the family members of deceased went to the house of deceased on the day of funeral. At that time the father of husband of deceased requested not to make hue and cry about the incident otherwise he will be badly treated. Under the influence of father of son in law, the father of deceased kept mum as at that time he was not having any evidence to show that it was an unnatural death of his daughter. The police in specific Respondent No.4 that is Inspector of Police, Whitefield, prepared computerized complaint and without explaining the contents therein taken the signature of father of deceased. The husband of deceased also threatened the father of deceased not to reveal anything before the police thus the father of deceased kept mum. The petitioner was also asked keep quiet, since petitioner was not having any material in his hand at relevant point of time kept mum. Thus funeral ceremony was celebrated and all the relatives of deceased including her parents and brothers went to their respective places.

2. The Petitioner further submits that, on 27.11.2017, the family members of deceased wanted to celebrate first death anniversary of deceased in evening on that day. In the morning petitioner was checking all the belongings of his deceased sister which were brought from her in-laws house after the death. At that time to the surprise of petitioner he got one diary and on reading the same it has been brought on record that his deceased sister silently swallowed all the dowry harassments given by her in-laws including her husband, her mother-in-law and sister-in-law. It appears from the wordings of diary notings that the deceased does not want to give trouble to her parents in respect of dowry troubles being given by her husband, mother-in-law and sister-in-law. The deceased was a silent and soft spoken woman as such she never revealed dowry tortures given by above persons. She also not spoken such dowry harassments met by her, to any of her friends or kith and kin as such there was no occasion for the petitioner to know about the tortures given to the deceased by her husband and in-laws. The deceased silently went on noting down major ill treatment incidents in her diary in her hand writing. The following are three such major incidents which led her to take extreme step of suicide under the forcible circumstances. The deceased was not having any alternative except to surrender to death silently. The petitioner came to know about these hard believing facts when he found the diary of deceased and read the contents. The Respondent No.4/Inspector of Police never made any bonafide efforts to find out the cause of death of the deceased. He directly registered the complaint as UDR without issuing any FIR. He has not discharged the duties and responsibilities casted upon him. He treated the death as a casual suicide and never tried to record statements of any relatives or friends of the deceased. Instead in order to hide that truth came under the influence of husband and father-in-law of deceased and extraneous considerations the Respondent No.4/Inspector of Police got computerized typed a formal complaint and made the father of deceased to signed on it without disclosing the contents therein.

3. The Petitioner further submits that, soon after finding the diary of his deceased sister and reading the in cremating contents against her husband and in-laws immediately approached the concerned police in Whitefield and found that the case was closed by filing formal UDR Report No. 0048/2016 under section 174 of Criminal Procedure Code, 1973. Immediately the petitioners got a copy of the same, it is produced herewith as ANNEXURE-A. The petitioner read all the contents of the diary maintained by his deceased sister and come to a conclusion that it is a clear case of dowry death and he seeks justice by knocking at the doors of this Hon’ble Court. The petitioner herewith produces three material and major incidents written by his sister in the diary in her own hand writings as notings, the same are produced herewith as ANNEXURE-B, C and D. The typed copies of above diary notings are herewith produced as ANNEXURE-B1, C1 and D1 A The contents these annexures are produced below for kind perusal of Hon’ble Court:

1. The Petitioners further submits that, he suspects foil play, and further suspects murder of his sister by her husband and that it was not a suicide. On the fateful day only persons resided in the said house were the deceased, her husband and her two minor children. It appears her husband committed her murder and make believe as it was suicide. That this the alleged suicide as recorded by Respondent No.4 is doubtful and it was nothing but a full fledged murder committed by the last seen person namely her husband. Without any basis and without proper investigation Respondent No.4/Inspector of Police registered a Crime No. 48/2017 and ultimately filed a closure report under section 174 of Cr.P.C which deserves to be quashed and re-investigation required to be entrusted to Respondent No.5/ The Deputy Inspector General of Police, CID. The petitioner is dissatisfied with report under section 174 of Cr.P.C. in this background the petitioner humbly seeks direction for conducting re-investigation of entire episode from beginning by Respondent No.5. It is a clear case of murder since the husband and in-laws of deceased made several demands for extra dowry which the deceased suffered silently without disclosing the same to her parents. It appears, since the deceased unable to made the dowry demands of her husband he committed murder of her on fateful night of 26.11.2016 and made everybody believe it as a suicide case, in collusion with local police that is Respondent No.4/Inspector of Police. This Hon’ble Court has ample powers to set aside the report under section 174 Cr.P.C. and issue directions for re-investigation by Respondent No.5, failing which the faith of people at large will be diminished in respect of Hon’ble Courts. The Respondent No.5 shall be directed to re-investigate into the cause of the death of the deceased from the beginning.

2. The Petitioner humbly submits that he has not filed any other petition or any other proceeding before any other Court or Authority in respect of the death of Smt. Gowthami. No other proceeding, petition or case is pending before any authority Court in respect this incident.

G R O U N D S

3. Petitioner’s father was innocent and illiterate as such he was made to sign the complaint without disclosing contents therein.

4. Petitioner strongly doubts that it was not a suicide but murder and if proper investigation is not re-in-forced then there are no chances of unearthing the truth behind the death.

5. Petitioner being full blood brother deceased wish that they should be a re-investigation into the crime which was casually closed without proper investigation by Respondent No.4.

6. The circumstances in this case reveals that the deceased was a simple tone married woman and suffered murder at the hands of her own husband on the fateful day.

7. The husband of deceased being a Software Engineer and his parents being influencing persons so they never allowed Respondent No.4 to carry out his duties and responsibilities.

8. That the material on record was not available as on the date of preliminary investigation for the reasons stated above. The evidence now traced out in a form of diary of the deceased contents the sequences of ill-treatments by her husband and in-laws. The said diary is having worthy of admissibility. There is no spur of suspicion in respect of contents of the diary which is no available as it was written in the hand writing of the deceased on the various dates of ill-treatments.

9. In the given circumstances the impugned report under ANNEXURE-A is to be held as arbitrary, illegal, unjust and improper.

10. The petitioner submits the respondent no.4 needs to have minimum curtsey to look into the suicide circumstances and could have traced out the culprits and cause of death.

11. That petitioner is having a good case and arguable case on the basis of contents of diary and cause of the death certainly will be unearthed if Hon’ble Courts directs for re-investigation.

PRAYER

WHEREFORE, the petitioner humbly prays that the Hon’ble Court may kindly pass to :

a. To call for entire records in UDR Report No.0048/2016 dated 03.07.2017 from the office of Respondent No.2.

b. To quash the impugned UDR Report No.0048/2016 dated 03.07.2017 filed by Respondent No.2 produced at Annexure-A.

c. To issue suitable directions to Respondent No.1 the Deputy Commissioner of Police, White Field Range, Bengaluru or any other specialized investigating agency to conduct re-investigation into the above matter and book the culprits who are responsible for the death of petitioner’s sister Gowthami.

d. And to pass appropriate orders and Grant such other relief as this Hon’ble Court deems fit in the circumstances of the case.

Advocate for Petitioner

Place: Bengaluru (NAGARAJU)

Dated:

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

Hi

You may approach the concerned, ACP, DCP, SP & CP.

Even after the aforesaid efforts if it is not taken on record.

Approach Collector with your grievance.

Do not name any official by name, but give the designation of concerned officer, date and time when you approached him/her.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
1080 Answers
6 Consultations

5.0 on 5.0

You cannot do anything if police is dodging to register FIR on some flimsy grounds.

But you can approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking to direct the concerned police to initiate proper legal action on your complaint

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Yes I have the police officers name who refused to file fir

If the particular police officer is refusing to register the complaint then you may approach the district superintendent of police for remedy mentioning the same.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

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