Once order is passed by court FIR has to be registered by police
2) file RTI application with police as to what action has been taken on court orders
Delay / non registration of FIR against court order
Fir on my police complaint to sho and then to sp was not registered.Court had ordered registration of fir on my case under 156(3) at alwar. FIR Is regarding surviving partners of firms taking over bank accounts and other properties of partnership firm in connivance with bank manager at the cost of legal heir that Is me of deceased partner. In alwar, there Is system that court sends entire file to police station by giving it to police representative of police station in the Court on next day of passing order taking his signatures And maintain outgoing Dak register in this regard. Even no case number or copy or order is kept by Court. judge just write his order in file And signs. No record of this is maintained in Court. I have no record of Court proceeding ( except that I was personally present ) though I could collect despatch number from Court from my lawyer. It appears concerned police station has taken hefty bribe . I am housewife, lives in Delhi which is around 180 km from my house in Delhi. My phone calls to police station , sho office And to sho are answered vaguely. Neither they say they have not received file nor they say they have seen the file. FIR registered by Police are available online And my fir Is not registered. Around 15 days have passed. My questions are 1. Once order is received from Court to register FIR under 156(3) should police station is required to register it immediately. Or police can take as much time as it wish And keep file pending . Or dont show in their records that file has ever been received by them. What are remedies available with me like approaching Court again or Complaint against police station to higher police officials or some other remedies which should be used.
Asked 7 years ago in Criminal Law
Religion: Hindu
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10 Answers
Dear Concerned,
As you remember being their in court - mention the details and file a status report on the order of the Magistrate in the same court where order was passed to the police. The police has to register the FIR and can not disobey the courts order.
Best of luck
1. The police is immediately required to register the FIR on the receipt of the order from the court and it cannot keep it as long as it wish, they need to take action and start investigation. File a RTI in the concerned police station seeking information on the registration of FIR and investigation undertaken after the court order.
If they fails to answer RTI and take further steps on next date mention before the court or file an application before the court seeking direction for police.
Also this is serious fault on part of police and writ in high court against it can be preferred.
1) If court order then police register FIR immediately.
2) A Writ Petition in the respective High Court may be filed for the issuance of Writ of Mandamus against the defaulting Police officers, inter alia, to Register the FIR and directing him to show cause (a) why he has not registered the FIR; (b) why disciplinary proceedings for "Misconduct" should not be initiated against him for dereliction of duty; (c) why he should not be suspended from Police service for interfering in the administration of justice and shielding the accused person.
Dear Client,
Mandatory on police to file FIR , as it reaches to police station i.e. within 24 hours otherwise disciplinary action against incharge.
Compulsory to provide copy of FIR to complainant.
File contempt before magistrate.
Police has to register it as soon as possible. You can approach the court with non compliance of the orders or contempt Petition.
1. there is no specified time to register FIR once the police is served with order of the court u/s 156(3) crpc. It takes time to process such complaint which is in general circumstances is 5-7 days.
2. Generally the court fixes a date for report from Police once it allows an application u/s 156(3) crpc. So if on that date or if there is no date fixed then you can file an application in court itself seeking report from police as regards the fate of the FIR and the progress of the investigation.
The court is equipped with enough power to seek report from police from time to time as regards the progress of investigation. Another option is to file a writ petition in high court against police inaction if the police sits idle after registration of FIR.
1. Based on the Court's order, the Police just simply CANNOT file FIR. They will first conduct investigation & collect evidences & witnesses AND only thereafter they can file FIR within 180 days (six months)
2. You will have to wait and depending on police report /charge sheet, you may move protest petition, to expedite. There is no other options in criminal proceedings.
Keep Smiling .... Hemant Agarwal
1. The court shall pass an order to the police directing them to initiate proper legal action against the complaint pending before them and if need be to register the FIR. Hence it is not necessary that the police will register FIR straightaway after ]receiving the papers from court. They will investigate the matter and if ther is any prima facie offence is made out then they may register FIR.
You have to watch the developments, because the police will summon you also for further clarifications or enquiries.
1. Judicial system in Rajasthan is in shambles, but you should have immediately either obtained a certified copy or prayed to the court to at least give you a dasti copy.
2. On the basis of the court order you can file an application for contempt of court against SHO. Police is bound to register the FIR as soon as the order is communicated to it.
