Whenever any crime is committed with someone he has the option to recourse to Police Officer and get his FIR lodged upon which criminal proceedings initiate. Even a victim has the option to make a complaint orally or in writing to the Judicial Magistrate and upon such complaint Magistrate initiates complaint proceedings as provided under the Code of Criminal Procedure, 1973.
Well, what if Police Officer refuses to lodge the FIR? This is a big issue and has been faced by many victims as when their FIR is not lodged then how do they get justice? In such a situation such victim has the following options-
- Give the application to Superintendent of Police as per the provision given under section 154(3) CrPC
- Can make application to Judicial Magistrate regarding the fact that the police officer refusing to lodge FIR, upon such application Magistrate can Order the Police officer to lodge FIR and do an investigation under section 156(3) CrPC. Even Magistrate can take that application as a complaint and may proceed toward complaint proceedings given under section 200 CrPC
- Can directly make a complaint to Magistrate under section 200 CrPC
Though the victim has the above options, still this is a big question does the Police officer has the discretion to lodge or not to lodge FIR?
According to Supreme Court Judgement Lalita Kumari vs State of Uttar Pradesh (2013) Police Officer does not have discretion or choice to decide whether to lodge an FIR or not, even Police officer cannot take the excuse of no territorial jurisdiction of police station as in such situation police officer is required to lodge Zero No. FIR and send the case to the concerned police station.
Supreme Court held in this case that by giving deciding power to lodge FIR or not we actually make police officers decide who will get justice and who will not and this will spread anarchy.
Therefore, it is mandatory for police officers to lodge FIR.
If a Police officer has confusion that whether the offense is a cognizable or non-cognizable offense then in that case, they can conduct a preliminary inquiry. The scope of this inquiry is just to satisfy the nature of the offense i.e whether it is a cognizable or non-cognizable offense, such inquiry should be completed within 7 days and in case of any delay, police officers are required to record the reason for delay.
If you want to be a judicial officer and are looking for best RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.
