• Police not registering FIR after a .22mm gun shot (as per police) hit our glass sliding at 10pm

Dear Experts,

On 8th March 2019, there was a .22mm air gun shot (as per Police) was hit at glass slide of our kitchen at around 10pm when no one was in kitchen and lights were off. I informed it to police on 9th March 2019 and Police visited the site and confirmed it to be air gun shot of.22mm. Police was not able to recover any bullet or fired object from the site. On the very same day we submitted a written police complaint at Badlapur West police station and police took my statement on 10th March 2019. 

I would like to inform you that a year before some people of our society in influence and association with our builder tried to implicate me in false extortion case which did not gain any fruit to them and instead a NC was registered against them u/s 120b and 500 of IPC. I highly suspect them behind this incident and also informed police about my suspicion. 

When I asked police to register an FIR against unknown person, police says FIR cannot be registered in present case.

I humbly request you experts to please let me know under which sections an FIR can be lodged?
Asked 7 years ago in Criminal Law
Religion: Hindu

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17 Answers

Hello,

it is the duty of the police to register FIR and if they are not doing so then it is advised that you file a complaint before the magistrate under section 156(3). Get in touch with a local lawyer for further assistance.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

They need to file an fir. You can Complaint to superior or file writ petition in HC.

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Sir since there is air Gun shot through there is no damage the police need to register the FIR they are duty bound to do same if they fail to do so file private complaint with the jurisdictional magistrate or a petition in high court to get direction for police to register FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Based on your Police Statement /Reports and the complaint copies, you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. 

2.  This will cause the Police to investigate and file charge sheet (IF applicable) in court, with you as witness.

3.  Nothing more can be done, in absence of any evidence or witnesses.  Try to locate some local CCTV footage at your mentioned time and date, which might get some clue.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If local police is refusing to lodge an FIR file complaint with the commissioner of police against local police refusal to lodge an FIR against unknown person who fired bullet at your window 

 

you can akso file provate complaint befire magistrate under section 156(3) of cr pc to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. If the Police does not register the FIR on the basis of your complaint which they are obliged to do, you can file a petition u/s 156(3) crpc in the court of the Magistrate who would direct the Police to register the FIR.

2. You can mention the name of the suspect in the complaint. Else the case would be registered against unknown persons.

3. There is no need to mention in the complaint or the petition. It is the job of the Police to apply appropriate section i the FIR.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Dear Sir,

Send your complaint in writing to the Superintendent of Police (SP) by registered post.

Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP), the Deputy Inspector General (DIG) or the Inspector General of Police (IGP).

You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Dear Sir

 In-case the concerned officer in charge refuses to register a first information report about commission of offence within his territorial jurisdiction under Sec. 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint

- Even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

- Concerned in-charge is bound to file FIR, and 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 the reasons for him not lodging a FIR.

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

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.


You can go as per SEC 154 of CrPC 1973

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file a Complaint under section 156(3) of crpc and take directions from court.

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear Sir,

-Police will file the FIR against unidentified people with regard to shooting and initiate the investigation.

-As shared by you, state the name on people on whom you have doubt.

Regards

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Dear Client,

This is bull shit, It is cognizable offense and if police refused to lodge FIR, Action must be taken against erring officers who donot register the FIR if information received by him discloses a cognizable offence.

Complain to SP.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Sir police has to file for shooting , damage of the property if they fail to register FIR on same file a petition before High court to get the direction on same. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The section would be atTempt of murder , i.e. section 307 of IPC.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Since this is a grievous situation, you cannot remain silent if police is not entertaining to register FIR.

You can approach the high police officer of the city with a similar complaint stating that your life is under stake and you need protection, hence direct the local police to register FIR and investigate the matter to bring the culprits to book.

If there is no proper response to this step also then you may have to appraoch judicial magistrate court with a private complaint or with a petition under section 156(3) cr.p.c. seeking direction to the concerned police to investigate the matter and book the culprits by registering FIR owing to the serious nature of the incident.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Let the police keep arguing anything about this and let them be reluctant to take further course of legal action, you can proceed in the direction as suggested in the previous post.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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