charging a police officer for non registration of FIR
ess
(Querist) 04 May 2011
This query is : Resolved
Can a complaint be made against a police officer for non registering FIR and charging him under section 217 IPC ?
Is approval of senior officer is to be taken by the complainant before filing a complaint ?
Any case laws on the subject may kindly be indicated.
Advocate. Arunagiri
(Expert) 04 May 2011
Once the supreme court had held that if the SHO is not registered the FIR, he can be booked under the contempt of court.
But, the same supreme court in another case had held the SHO is having all such powers to make a preliminary inquiry before registering the FIR.
This is how the SHO's are escaping from legal action.
You can make a complaint on the SHO, but, he is having defense, it is very simple.
Devajyoti Barman
(Expert) 04 May 2011
Yes it needs sanction of the appointing authority for prosecuting the police officers but not for lodging complaint against them.
N.K.Assumi
(Expert) 04 May 2011
Barman Sir, consider this, if a bride is burnt to death, and the death appears to be unnatural death and the IO of the case closed the case as No Foul Play, despite circumstantial evidence that points out to the guilt of the accused/husband, what should the Court do? Close the case on the basis of the IO report as no foul play?
