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Nagarajan Arumugam   06 October 2024

Prosecution of police officers

Good Morning Sir,

A case of Inspector of Police refuse to file an FIR where a series of cognizable offenses including criminal trespass, assault, life threats, theft, and burglary occurred in the night. The Tamil Nadu State Police Control Room registered complaint and deployed Police personnel to the crime scene. These personnel conducted initial assessments, preliminary inquiries, and collected physical evidence and witness statements.

The following day lodged a complaint on the above to the concerned police station. However, the police officers, in collusion with the accused, delayed the filing of the FIR for 40 days, which has greatly affected me.
 
Is it possible for me to file case in the court? Any permission from the authorities required?
 
Your response is highly appreciated!
 
Thanks,
Nagarajan A
 
 
 


Learning

 5 Replies

Dr. J C Vashista (Advocate )     06 October 2024

After the local police took cognizance of crime and have registered a FIR, no case is made out against them.

However, the time of 40 days stated to have been taken in this process is too long, for which, did you report the matter to senior police officers of district and state to issue necessary instructions to SHO / IO to register FIR at the earliest ? If so, what is the response of SSP / DGP ?

No offence is made out against SHO / IO for delayed registration of FIR consequently filing complaint against them. 

T. Kalaiselvan, Advocate (Advocate)     06 October 2024

You cannot take legal action against the erring police officer in this regard except to give a complaint to the top police officer and that should have been done immediately and not after the FIR was registered.

 

Nagarajan Arumugam   06 October 2024

Dear Sir, I do complained to DSP/SP/District collector/ DIG. Only upon DIG intervention FIR is registered. Prior to this  there are few online and direct complaints of theft, threat by the same accused and his team - No action is taken  until today

T. Kalaiselvan, Advocate (Advocate)     06 October 2024

You could have filed a petition under section 156(3) cr.p.c. before the jurisdictional magistrate court seeking direction to the concerned police to initiate legal action on your complaint as per law.

If your complaint for theft has still not been addressed by police, you can file the said petition even now.

Dr. J C Vashista (Advocate )     07 October 2024

When the police do not file FIR, you should have moved to area Magistrate but cannot prosecute police officials for failure to register FIR.


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