RORO ferry Service: South Asia's first of its kind ferry service

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Know Your Rights: What to Do If a Police Official Refuses to File Your FIR.

Ensure that you get a receipt of your lodged FIR.

It is a common notion that people are often refused an FIR registration. In this article we’ll discuss what your options as an aggrieved person are. The Indian Legal System provides for adequate options that one can exercise in such cases, but it is very common that people don’t have the required information to exercise the same.

If you are reporting a crime and the police denies to register your FIR on unreasonable grounds, you can make a complaint to a higher ranking officer. If the Police still deny  lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.

You need to ensure that you get a receipt of your complaint after it is registered.

Picture Source: Hindustan Times

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Various States as well as the National Human Rights Commission provide the service of e-complaints where these complaints against the defaulter police officials can be filled on the Network Channel.

Can the police refuse to file my complaint?

Yes and no. A police officer can refuse to file your complaint if he believes the case is of petty issue or also if they don’t have the territorial jurisdiction in such cases. Crimes are generally segregated into “cognizable” and “non-cognizable” offences. FIRs are lodged only for cognizable crimes, for non-cognizable crimes a complaint is submitted to the magistrate who in return directs the police for action.

A “cognizable” crime covers for example murder, rape, rioting, dacoity, etc, that is crimes where arrest can be made without warrant & when such crimes are of a serious nature. A “non-cognizable” crime covers for example cheating, fraud, forgery, bigamy, selling underweight or adulterated food or creating a public nuisance, that is crimes where arrest can not be made without warrant & such crimes are not of serious nature. The simplest understanding being that the call for Action is time bound.

Supreme Court of India has held that-

 “A vague, indefinite or unauthorised piece of information cannot be regarded as first information merely because it was received first in point of time. Likewise an unclear message over the phone simply stating that a person is lying dead on the road does not amount as First information report”.

One must know all the remedies that one will have if Justice is denied.

Picture Source:  News Mobile State Bureau

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Remedies in Law

Approach Superintendent of Police

If the concerned officer in charge refuses to register a first information report about commission of a cognizable 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. If, after analysing the complaint it is satisfied that the complaint discloses a cognizable offence, he may moreover investigate the case himself or give directions to his subordinate to register the FIR and initiate investigation in the matter.

Complaint to Judicial Magistrate

If 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.

Picture Source: eGov Magazine

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What happens to such Police Officers?

A 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.

In a civil matter, a contempt petition can be filed before the High Court against the officer who refused to lodge an FIR Hon’ble Supreme Court, recently, in Lalita Kumari case, has held that the Police must register FIR where the complaint discloses a cognizable offence.

Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials. A Petition may be registered and submitted to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court, asking them to take Su Moto Cognizance of the alleged contempt of the Court. Further, a copy of said letter may be sent to the concerned Police Officer. The status of such letter petition can be inquired through an application under the Right to Information (RTI).

Alternate Remedy

A Writ Petition may be filed in respective High Court for seeking damages/compensation, if the inaction of the Police on the complaint/non-registration of FIR, has resulted in frustration/deprivation of ―life and liberty of any person, guaranteed under Article 21 of Constitution of India.

Note

Under section 166A(c), if the Public servant concerned fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code, he is punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.

So next time any police officer refuses to file your FIR on unreasonable grounds feel free to exercise the alternate remedies. And consider getting a FIR lodged as your legal right, especially in cognizable cases.

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This ones for Iris.

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A Piece of Advice...

“In my time, I had a successful career as the Bank Manager at Union bank for over 23 years. I’ve retired now and I’m on a pension of a few thousand Rupees a month, which may not seem like a lot — but believe me, it is. Unfortunately, it’s only once you stop working that you realise that happiness can’t be bought. I’m 79, and it’s only now that I’m finding things that give me that peace and happiness. Spending time with my wife and daughter, my walks here every day, the sea, the shore, the little Ganpati Mandir on the banks that I like to visit when the tide is low…all of these bring me so much joy.”

“So what advice would you give to a large group of people?”

“Leave this mobile phone of yours on the side for some time — just do nothing — sit near the sea, just be…just breathe.”

THE FELINE CLUB

Cat lovers in India often lament the lack of facilities and recognition for felines as compared to their canine friends. And it is true. The popularity of dogs as pets as well as the amenities and services available to dogs and dog parents is unrivalled compared to other pets. So of course, the stray cats get a rotten deal in the whole scheme of things. Very few people will actually make an effort or lift a finger to help a homeless cat. But things are changing and more people are coming forward to play guardian to these gorgeous creatures we call cats. One such group of people are the founders of the ANS Cat Program in Delhi. Made up of Aaron, Nishat and Sandhya, the team is working to change mindsets and improve the image of cats in the city.
Kids will do just about anything to avoid finishing homework. Ask Nishat Rana, whose 16 years old daughter unwittingly initiated her family’s active involvement in cat rescue and fostering, while attempting to avoid math homework. Looking out the window, procrastinating, she spotted two kittens in need of help, and lo and behold, today their house is home to 3 cats and 3-5 fosters on the regular.

Canine behaviourist and animal communicator, Aaron Patrick Dsilva, says his love affair with cats started back in Kuwait. Aaron has always had an affinity for all animals, but growing up in Kuwait, cats were the more commonly found pets, it was upon shifting to India, and living in Bombay that Aaron was struck with the indifference and often vehement viciousness directed towards cats.

The different myths and superstitions surrounding them results in deplorable acts of violence against these helpless creatures. Aaron recalls witnessing ritual sacrifices of cats and owls, deliberate shooting and poisoning, and realising these animals needed help. While there were stray cats back in Kuwait, they were much healthier and better taken care of, India with its myriad of superstitious beliefs associated with cats leaves these creatures quite alone and defenceless in an excessively hostile environment.
Lenora and Cleopatra were his first fosters back in 2014, the two kittens were dumped inside a rucksack and left at an embassy accommodation in Defence Colony. Lenora, now known as Peo, had a failed adoption and has since lived with Aaron, along with Aaron’s Labrador girl Laila (another rescue), who pulls her weight in fostering duties. “I always sensed a motherly nurturing aspect to Laila’s personality, and that shows in her welcoming home new fosters and the care she provides them.”



Aaron and Nishat together have become a huge part of the Friendicoes cat adoption program, they continue to take home kittens abandoned in the shelter as well as rescue them on their own from different situations. They then foster and hand raise kittens too young to be on their own or adopted out. Aaron, who comes in to the shelter once a week, says he and Nishat generally split the fosters equally between them, “they are checked by the vet on call, and then kept in isolation for two to three days and started on anti-virals before they can begin to mix in with others. If they are old enough they are then started on basic litter box training and photos are subsequently shared on social media for adoption.” Adoption leads are followed by strict screening and a detailed questionnaire to be filled by prospective homes, subsequent to which house checks/ address verifications are carried out, adoption paper work is completed and only then the kitten is handed over to the new family.



Cats are becoming increasingly popular as pets, as religion slowly loses its hold on the young, working urban populace, who find cats are much easier to take care of than dogs. Adoptions generally take between one week to 10 days. Black cats have a harder time finding homes still, and one has to be particularly careful in such cases, to ensure the request for a black cat is not prompted by nefarious intentions.



This year the pair has expanded its operations, with help from fellow cat lover Sandhya, they have formed the ANS Cat Program, the objective here is to focus on spay and neuter. As cat population in the city rises, and their abuse becomes more common, the need for a strong spay neuter program for cats seems more and more apparent. While the MCD provides for a similar initiative for stray dogs, cats are largely ignored by political office. The burden consequently lies on private citizens, to pitch in and mend the situation before it leads to more dire consequences.



In less than 5 months of operation, team ANS with the support of Dr. Prabhakaran at Friendicoes has successfully managed 106 sterilization surgeries, a significant number no less. The cats are brought in by one of the three ANS founders for spay/neuter and vaccinations. Feral cats are caught and brought in by Aaron who is a trained handler. It is a small initiative by three people but it is already showing its slow but steady rate of success.




In order to continue their work however, ANS needs more support, both financially as well as in kind. They are accepting donations for the cat spay/neuter program by cheque RO to be deposited in Friendicoes, and you can contact Aaron at 9167294437 before dropping off the cheque or with any queries. ANS can help you rescue & spay/neuter the cat that is a visitor to your home/ office or the neighbourhood feline who is not exactly very social. You can also become a part of this amazing effort and participate as an active volunteer with ANS and help rescue and rehome stray cats/kittens. Connect with Aaron for further inquiries and information on the ANS program.

The post was originally appeared at Friendicoes.

Cat Garden

Cat Garden is located in Gandhidham, Gujarat, India. 

for more videos Visit to Upendra Goswami

A few years back Upendra Goswami in Gandhidham, Gujarat, India was travelling to strike a deal there. Suddenly a cat crossed his path like many at first he too about to cancel his meeting but who knows this deal brought good fortune to him. After that incident he not only discarded his false belief but fell in love with cats. After that he built a dedicated home for cats popularly known as "Cat Garden" there. Currently they have nearly 130 cats in house and the cat garden is open for visitors. 
 

Read More: Upendra Goswami, Gandhidham.