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telephonic c0mplaint to the police commissioner against the cops

(Querist) 24 July 2012 This query is : Resolved 
HELLO!

CAN A COMPLAINT TO THE COMMISSIONER OF POLICE NAVI MUMBAI, MAHARASHTRA ON HIS CELL PHONE BE TREATED AS AN FIR.

SECONDLY, WHO CAN TAKE COGNIZANCE OF THE COMPLAINT ON THE PHONE AGAINST POLICE OFFICIALS FOR ASSAULT N TRESSPASSES

THIRDLY, CAN I OBTAIN THE DETAILS OF THE COMPLAINT WITH THE POLICE COMMISSIONER THRU THE RTI, FROM THE COMMISSIONER OR THE MOBILE SERVICE PROVIDER. PLS TELL ME WHAT ARE THE PROCEDURES.

REGARDS
ajay sethi (Expert) 24 July 2012
It is the right of complainant to get an FIR registered if his complaint discloses any cognizable offence. It is the right of the complainant to get one copy of FIR free of cost, immediately from concerned police station. FIR can be registered either on written statement or verbal statement of complainant which is later reduced in writing by Police Officer and is signed by the complainant.

If your complaint does not disclose any offence or your complaint discloses only non-cognizable offence, then FIR cannot be registered. In such cases where only non-cognizable offence is made out, Police officer will enter the substance of information in the general diary of Police Station and give copy of same to complainant.
ajay sethi (Expert) 24 July 2012
1)The police is duty bound to register the complaint of an aggrieved person. Even on the telephone an FIR can be recorded. The accused as well as the informant are entitled to a copy of the FIR. The first information of the commission of a cognizable offence is enough to constitute an FIR.

2)The informant can approach the Superintendent of Police of the area concerned and seek his intervention in the matter. The information may either be recorded by the Superintendent of police himself or he may send the informant to the police station again for the registration of FIR. In case, the approached senior police officer does not listen to the aggrieved person or help him in g etting the FIR registered, he can approach the concerned Magistrate and file a complaint before him who is fully empowered to take cognizance of a cognizable offence.


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