Where to complain when Police Officer refuses to take your FIR

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If a Police Officer does not accept your complaint then you can write down your complaint and send it to the Superintendent of Police. If the Superintendent feels that there is merit in your case, then he or she can appoint Police personnel to start an investigation in the same.

Comments

Begum

March 21, 2024

My name is xxx Female, 32 years old living in Visakhapatnam. I filed a case against my friend and registered as FIR u/s 354D,506 IPC, 66-C,66-D,67A IT at Visakhapatnam Commissionerate. IO send the summons to the that person asking to attend PS on 21st March. In the meantime police about him but he is absconded.
Yesterday I received one Notice from police station that there is complaint from the accused wife stating that I am threatening her husband to give money (I never do like this and it’s absolutely false)

The police of Haryana making several calls to attend police station, otherwise they will take further steps. I am scaring to go and I request to them I can attend video call at anytime and answer their any questions.

What to do if they call me again and again.

Your suggestion is highly appreciated.

Sincerely yours.

Alka Manral

May 21, 2024

Document everything: Note down the date, time, and details of each call from the Haryana police, including the officer’s name (if provided).
1. Firstly police will do nothing as even if they have received such information, if they do not have any evidence to move forward.
Legal Options
First ask for a copy of FIR so you can know about the cases files against you and prepare defence
1. u/s 482crpc, you can file a petition in High court for *quashing FIR* on grounds of malicious intent, no sufficient evidence, etc
But if there is substance in the case or you need extra caution you can then pursue this option
2. Section 438 of CrPC: To avoid arrest, you can apply for *anticipatory bail* before a court, seeking protection from detention until the investigation concludes.
In case the complaint is purely malicious and you want to take action against them for the same
3. S.182IPC – *Counter Complaint* against the complaint accusing them of filing false complaint(in case you have evidence to prove the same, maybe any messages or call recordings where they have admitted it to be false)

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If a crime has taken place you can go to the nearest police station which does not necessarily have to be in the area where the crime has been committed.

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If you want to report a rape case, under the Indian law, you can follow the procedure which has been mentioned herein.

Custodial Harassment of LGBTQ+ Persons by Police

If you are arrested, you will be in the custody of the police at the police station for 24 hours, till they take you to the nearest Magistrate (Court). They can keep you for 15 more days only if they get the permission of the Magistrate.

Where can an FIR be filed

An FIR can be filed at any police station. The fact that the crime may not have been committed in that police stations jurisdiction has no consequence to the filing of the complaint.

Chargesheet

Once you have reported the crime by filing an FIR, the officer in charge must send the report to a Magistrate, who will take note of the case without any unnecessary delay, and proceed with the investigation. This is a mandatory step that the police have to follow, as it allows the Magistrate to take control of the investigation, and if necessary give appropriate directions to the police.

Who can file an FIR

You can file an FIR if you are a victim of a crime, a relative or friend or acquaintance of the victim or you have knowledge about a crime that has taken place or is about to take place.