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Task 9

Ruchi Rao provides legal advice to MR. Aslam regarding the police's refusal to register an FIR for his case. She explains that the police are at fault for not registering the FIR as the information provided discloses a cognizable offense. MR. Aslam can approach the Superintendent of Police with a written application or file a complaint with the Legal Services Authority or Police Complaint Authority if the Superintendent does not take action. As a last resort, the concerned officer can be held liable under section 166 of the Indian Penal Code for failing to file the FIR.

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38 views

Task 9

Ruchi Rao provides legal advice to MR. Aslam regarding the police's refusal to register an FIR for his case. She explains that the police are at fault for not registering the FIR as the information provided discloses a cognizable offense. MR. Aslam can approach the Superintendent of Police with a written application or file a complaint with the Legal Services Authority or Police Complaint Authority if the Superintendent does not take action. As a last resort, the concerned officer can be held liable under section 166 of the Indian Penal Code for failing to file the FIR.

Uploaded by

ruchi rao
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© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
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Ruchi Rao

Intern at ub Advocate
Email – [email protected]
Contact No. – +917987482742

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
The opinions are solely based upon the video shared by Sir Jean Prakash AOR Supreme of India,
upon which the client acted safely.

**This opinion is based on the youtube video of Jeevan Prakash of AOR of Supreme court **

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