RAJKUMAR MEENA

INTERN AT ubADVOCATE
EMAIL: rajkumarmeena@rgnul.ac.in
CONTACT NO: 9352080612
DATE: 31st AUGUST,2021

My Dear MR. Aslam,

Thank you very much for contacting me for seeking legal opinion regarding your case
pertaining to ‘Police is not registering an F.I.R’. I have read the facts of your case.
Accordingly in my opinion, the Police is at fault by not registering the F.I.R. as the
information provided to them is of a cognizable offence. There are provisions under the law
which you can head back to make the police register the F.I.R. You can approach the
Superintendent of Police by writing an application that despite providing the information
disclosing an offence which is cognizable in nature. He will direct the police officers to
register the F.I.R. and can also take an official action against the concerned officer who
refused to file your F.I.R. The above mentioned remedy is available under section 154(3) of
Code of Criminal Procedure where an individual approach the Superintendent when the
guideline laid down in ‘Lalita Kumari v State of U.P.’ has not been followed. Further under
section 36 of Code of Criminal Procedure, the senior officer can direct his junior to register
the F.I.R. and if he wants can take a action against him.
If the problem persists and the Superintendent also does not take any action then you can
approach the Legal Services Authority who will help you in getting your F.I.R. registered at
the earliest. This authority was established at State and District level after the case of
‘Sugesan Transport Pvt Ltd. V Assistant Commissioner of Police’. In a similar way, after the
judgement of ‘Prakash Singh v Union of India’ the Supreme Court directed the Central and
State Government to establish Police Complaint Authority, where you can approach with
your grievance that despite being a cognizable offence, the police refused to file the same.
You can avail the above remedies for getting your F.I.R. registered at the earliest. But even
after availing the remedies your problem persists then you can make the concerned officer
liable under section 166 of Indian Penal Code for not filing the F.I.R.
Further, my opinion is based on the YouTube video
https://www.youtube.com/watch?v=GTdVj0CBlHo Jeevan Prakash, AOR, Supreme Court
and I believe that this is the correct opinion, upon which you can act safely.

Sd/-
RAJKUMAR MEENA
Intern at ubAdvocate