Fir
WgCdr AK Singh
(Querist) 04 November 2011
This query is : Resolved
Dear all,
1. My wife is an Asst Registrar in a state Govt university.
2. Yesterday, a lady student (and her mother) threatened her with dire consequences for refusing to entertain her illegal demand. The case relates to her enrollment for a course, where in she refused to submit the original copy of her migration certificate; and this appears to be a case of simultaneous enrollment for two courses, which is not permitted as per rules.
3. The Vice Chancellor appears to be helping the student, as he had verified the photocopy of her migration certificate for the enrollment, even though the original copy was not in the possession of the student.
4. The local police has taken a written complaint (recpt taken) from my wife, but the Officer in charge (TI) is refusing to file an FIR. His argument is that it's a departmental matter of the university. So, he plans to first conduct an inquiry, then file the report with the Vice Chancellor and Registrar, and then take a decision based on their orders.
5. SP is not attending his cell/phone since yesterday. Also, he is also likely to tow the line of the VC & Registrar, who have been regularly pressurising my wife to unduly and illegally favour certain students (declined each time).
6. Firstly, this is not a departmental matter, and VC & Registrar have no business deciding the fate of the FIR. Further, I think the Supreme Court once ruled that filing of the FIR was mandatory for the police.
7. Please advise on the course of action
to be taken; and if any action can be taken to punish the TI for refusing to file an FIR.
Thanks.
ajay sethi
(Expert) 04 November 2011
if local police inspector is not loding FIR , send complaint o supdt of police . if still no action si taken file a complaint before magistrate under section 156(3) to direct police to investigate .
Sankaranarayanan
(Expert) 04 November 2011
How the police officer said it is inter office matter, is future student and her mother is the employee of university,
You mentioned all with additional letter and send the complaint to the district SP
If they not , then the best way is mr sethi's to complaint MJ u/s 156(3)
WgCdr AK Singh
(Querist) 04 November 2011
Dear Sir,
1. It may kindly be noted that neither the student nor her mother are employee of the university.
2. Hence, this is clearly not an internal/departmental matter.
Thanks.
AK Singh
Guest
(Expert) 04 November 2011
just send a "Written Complaint" to:-
1. SHO of that PS
2. SP City of your area
3. SSP of ur area
4. DIG of police
alongwith a "Registered AD"
and still no action will taken then after 8-10, simply file a complain in court u/s 156 (3) CrPC.
Experts pls check if iam wrong.
Shonee Kapoor
(Expert) 04 November 2011
1. It is just a matter of threat hence non-cognizable offence, police won't regsiter the case, move court for registration of the case.
2. Complaint against VC to UGC.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
A. A. JOSE
(Expert) 06 November 2011
Yes, you have a strong case to move a complaint to the Magistrate u/s 156(3) Cr.PC if inspite of written complaints to the Police authorities, no FIR is registered.
WgCdr AK Singh
(Querist) 30 March 2012
Is there any way a Police Officer can be punished for refusing to do his duty ?
