lodging a request with police to lodge FIR for offense of Cheating

Querist : Anonymous (Querist) 18 November 2010 This query is : Resolved
Despite lodging a complaint to police to register FIR, police is refusing to lodge FIR as they say that their PP is of the opinion that there is no Criminal case against the accused, and a Civil case can be lodged instead.

I do not agree and insisting that they must register FIR and then let the Criminal Court to decide and adjudicate.

As per rule position of CrPC, it appears that police cannot refuse to register FIR.

I do not want to go through the Court route for the Magistrate to order investigation under 156(3) and strongly feel that Police must oblige my request.

What should I do to compel/force police to register FIR?

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s.subramanian (Expert) 19 November 2010
File a petition for direction to Police in High Court u/s 482 of Cr.P.C.

Debasish Hota (Expert) 19 November 2010
First you proceed U/S 154[3] of Cr.P.C.

Guest (Expert) 19 November 2010
In my considered view, if police is not registering the FIR then you can file the report before concerning S.P. If still the FIR not registered then you can file complaint before concerning Judicial Magistrate (First class) under section 190 Cr.P.C.

Uma parameswaran (Expert) 19 November 2010
Give complaint to higher authorities and if again not taking action file u/s 482 CrPC before High Court.

Khaleel Ahmed Mohammed (Expert) 25 November 2010
You can send telegram to the Registrar of High Court. The High Court may treat the telegram as writ,necessary directions may be issued to the station house officer.

Arun Kumar Bhagat (Expert) 27 November 2010
Follow the advice of Mr. Ajitabh Acharya.Apex court's guideline is the same.

Advocate. Arunagiri (Expert) 27 November 2010
If you want the case to be registered by the police, follow the steps:-
1. Send them the complaint, by RPAD.
2. If there is no action, make a complaint before the SP. Get the Office reference Number of your complaint.
3.If these both does not work, go for complaint to the Magistrate. The magistrate is having power to direct the police to register the case and investigate the same.
4.Many of the High courts are not in favour of ordering direction to register the case u/s 482.

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