If the police do not register your First Information Report (FIR), it can create difficulties in obtaining justice for the crime committed against you. An FIR is a legal document that sets the criminal justice process in motion, and it is necessary for the police to register an FIR to initiate an investigation.

If the police refuse to register your FIR, you can take the following steps:

Meet with a higher-ranking police officer: You can approach a higher-ranking police officer, such as the Superintendent of Police (SP), and explain the situation. They may be able to order the registration of the FIR.

File a complaint: You can file a complaint with the Magistrate or the Court of Session under Section 156(3) of the Code of Criminal Procedure, which allows the court to order the police to register an FIR and investigate the matter.

File a writ petition: You can file a writ petition in the High Court or Supreme Court, challenging the refusal of the police to register the FIR.

It is important to note that the refusal to register an FIR is a serious offense, and if you have evidence to support your claim, you can file a complaint against the police officers responsible for the refusal to register the FIR.

Here are some notable case laws related to the refusal to register FIRs:

Lalita Kumari v. Government of U.P. (2014): In this case, the Supreme Court held that if a person approaches the police with a complaint about a cognizable offense, the police officer must register an FIR and initiate an investigation. The court also emphasized that the police cannot conduct a preliminary inquiry before registering an FIR.

Tapan Kumar Singh v. State of Bihar (2015): In this case, the Supreme Court held that the police must register an FIR when a person reports a cognizable offense, and failure to do so would amount to a dereliction of duty. The court also stated that the police officer responsible for not registering the FIR could face disciplinary action.

State of Haryana v. Bhajan Lal (1992): In this case, the Supreme Court laid down the guidelines for the registration of FIRs in cases where the police refuse to register the FIR. The court held that if the police refuse to register an FIR, the aggrieved person can approach a higher-ranking police officer, file a complaint with the Magistrate or the Court of Session, or file a writ petition in the High Court or Supreme Court.

Priyanka Srivastava v. State of U.P. (2015): In this case, the Allahabad High Court held that the police must register an FIR if a person approaches them with a complaint of a cognizable offense. The court also held that the police cannot conduct a preliminary inquiry to verify the veracity of the complaint before registering an FIR.

Writ Petition for not Registering FIR

A writ petition can be filed in the High Court or Supreme Court challenging the refusal of the police to register an FIR. The writ petition can be filed under Article 226 of the Constitution of India in the High Court or under Article 32 of the Constitution of India in the Supreme Court.

To file a writ petition, the following steps can be taken:

Draft a petition: A writ petition must be drafted, which should include the details of the complaint and the grounds on which the police refused to register the FIR. Drafting a petition requires legal knowledge and precision. If you are not well-versed in legal drafting, it is advisable to seek the help of a lawyer.

Filing the petition: The writ petition can be filed in the High Court or Supreme Court, depending on the jurisdiction. The petition must be accompanied by an affidavit, which must be duly attested.

Serving notice: Once the petition is filed, a notice must be served on the respondent, i.e., the police officer who refused to register the FIR. The respondent will then have an opportunity to file a counter-affidavit.

Hearing: The High Court or Supreme Court will then hear the case and make a decision based on the facts presented. If the court finds that the police officer was in dereliction of duty by not registering the FIR, it can order the registration of the FIR and initiate an investigation.

It is important to note that writ petitions are legal remedies of last resort, and other avenues for redressal should be explored before filing a writ petition.