In India, every citizen has the right to go to the police and report their matter down to a cognizable offense in the event that they fall victim to one. However, it is normal for people to find themselves in situations where the police authorities will not accept to register their complaints. This can be extremely annoying and many give up and never pursue justice. Thank fully, the legal system has presented forms of remedy in such situations. Here is information on what one can do legally when police decline to record your complaint:
Approach senior police officials
If a police officer has declined to register your complaint then escalate the matter to the next higher rank of police officials. This include taking of legal action in the form of presenting complains to the Station House Officer (SHO) or the Superintendent of Police (SP). They must act on all the complaints by law and can instruct the concerned officers to write your complaint. In case you did not receive an appropriate response at the lower level, you can contact the Deputy Commander of Police (DCP) or the Commander of Police, whichever one is suitable forthead jurisdiction.
File a Written complaint with the Magistrate
In case if the police continue to deny to register your complaint, you can register your complaint with magistrate under the provision of the Criminal Procedure Code 156 (3), whereby an individual can directly petition a Magistrate. The complainant has the legal right to go to the Magistrate and lay complaint after which the Magistrate may advices the police to launch an investigation on the issue in question thereby making sure that the issue is not swept under the carpet.
Use the Police Complaint Online System
Online police complaint system has been provide to make it easier for the people to report their complaints. These are registration forms which are perfect for reporting an issue if you cannot make it to the police station physically. If you lodge a complaint on the online police complaint system then you simply fill it and then the authorities concerned are informed for necessary action. This is quick and efficient method, especially for those people who live in the remote areas of the country.
Approach State Human Rights Commission
In some circumstances especially the violation of human rights the State Human Rights Commission can be petitioned. The police are required by the Commission to investigation a complaint even if they refuse to do so The Commission. In the case of the complaint being one touching on your fundamental human rights, the Commission also has powers to order the police to take an FIR and investigate the case.
Use the Public Grievance Redressal System
India have established public grievance redressal systems through which a person can make a complaint to authorities policing. This system is designed to handle cases of malfeasance by government personnel and police included. The outcome of these complaints is that in the respective portals where one has lodged his or her complaint, he or she is given the chance to monitor how the complaint process is and to even reclaim that he or she expects it to be worked on within such period.
Filing a Writ Petition in High Court
As a last resort, applying for a writ petition under Article 226 of the Constitution of India, one can turn to the High Court. This is where this petition is entertained in court because it will be done where the police have declined to register your complaint and violates your rights. Using this power of judicial review the High Court have powers to issue a writ of mandamus to direct the police to act on your complaint and conduct the investigation. This is normally considered as the final solution so as to handle the situation in consideration when other treatments do not work.
Seek Legal Assistance from Lawyers for Police Complaint Filing
Sometimes, the police declined to record a complaint; getting legal aid from lawyers for police complaints through Lawchef can transform the situation greatly. Professional lawyers, especially ones who have some experience with your type of case should be able to tell you what steps you should take in your case. A police complaint lawyer from Lawchef can help you to file a writ petition on your side and it is always preferable that such case goes to the higher court such as High Court if needed.
Conclusion
In any case where a cognizable offence is reported, the police has the legal duty to enter the report in the FIR. If the police decide not to register your complaint, there are several remedies available to enforce the law to give you your justice. Some of the steps that can be taken include taking the matter to a higher authority, approaching magistrate for registration of the complaint, using even the online police complaint, seeking help from lawyers for registration of police complaint and filing a writ petition before High Court.
The right of a citizen should be justice and a citizen should be able to file a police complaint and get justice. The law allows for several ways of dealing with the police if they do not get their job right. From approaching lawyers for help to filing complaints through public grievance redressal, there are many ways of making your complaint and your voice be heard.
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Category: Law
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