Fir Lodged but no action by police what action we take now

209 votes

If an FIR (First Information Report) has been lodged by a person, but the police have not taken any action on it, there are several steps that can be taken to ensure that justice is served:

1. Follow up with the police: The first step would be to follow up with the police station where the FIR was filed and inquire about the status of the case. Request them to take appropriate action as per law.

2. File a complaint with higher authorities: If the local police station is not taking appropriate action, the next step is to file a complaint with the higher authorities. You can file a complaint with the Superintendent of Police or the Commissioner of Police, depending on the jurisdiction of the police station.

3. File an application under Section 156(3) CrPC: If the police still do not take action, you can file an application before the Area Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973. The Magistrate can then direct the police to register the case and investigate it.

4. File a complaint under Section 200 CrPC: Alternatively, you can file a criminal complaint before the Magistrate under Section 200 of the Code of Criminal Procedure, 1973. The Magistrate, after examining the complainant and any witnesses present, may take cognizance of the offence and initiate the proceedings.

5. File a Writ Petition: If all the above steps fail, you can file a writ petition before the High Court or the Supreme Court of India. A writ petition is a legal remedy available for the violation of fundamental rights, and it can be used to seek direction from the court to the authorities to take appropriate action in the matter.

It is important to note that inaction by the police can be a serious matter and a violation of the law. It is the duty of the police to investigate and take appropriate action on an FIR, and failure to do so is an offence under Section 166A, the Indian Penal code, 1860 (Public servant disobeying direction under law) on part of the concerned officers.

LawRato LawRato

858 votes

If the police are not taking appropriate action on a complaint, there are several steps that can be taken. They are as follows:

1. The first step would be to follow up with the police station where the complaint was filed and inquire about the status of the case. Request them to take appropriate action as per law.

2. If the local police station is not taking appropriate action, the next step is to file a complaint with the higher authorities. You can file a complaint with the Superintendent of Police or the Commissioner of Police, depending on the jurisdiction of the police station.

3. If the police are not taking any action on a complaint related to human rights violation, you can file a complaint with the State Human Rights Commission or National Human Rights Commission.

4. If the police still do not take action, you can file an application before the Area Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973. The Magistrate can then direct the police to register the case and investigate it.

5. Alternatively, you can file a criminal complaint before the Magistrate under Section 200 of the Code of Criminal Procedure, 1973. The Magistrate, after examining the complainant and any witnesses present, may take cognizance of the offence and initiate the proceedings.

6. If all the above steps fail, you can file a writ petition before the High Court or the Supreme Court of India. A writ petition is a legal remedy available for the violation of fundamental rights, and it can be used to seek direction from the court to the authorities to take appropriate action in the matter.

Any inaction by the police can be a serious matter and a violation of the law. It is the duty of the police to investigate and take appropriate action on a complaint, and failure to do so is an offence under Section 166A of the Indian Penal Code, 1860 (Public servant disobeying direction under law) on the part of the concerned officers.

Advocate Sudershani Ray LawRato

955 votes

First of all u should check whether fir was registered or not. If fir is registerd than u must be having copy of the same and if not than u have to file a criminal complaint to the concerned magistrate undrr section 190 of crpc.
Once fir is registered u will get a copy of it free of cost. For checking the progress of investigation u should file application under sec 210 crpc before the concerned magistrate for calling the progress report from investigation officer. U may approach high under sec482 crpc or by of filing criminal writ petition for fair , impartial and unbiased investigation. U can also pray for changing of investigation officer.

Advocate Hemant Taylor LawRato

763 votes

For u file for at relevant police station and wait if for is not report by Ps then contact to higher police officers if. There is no action to file for then file complete before compliant court u /s 156(3)cr p c rest on VI's a vise

Advocate D D Purohit LawRato

604 votes

Dear Friend, it is very sad but not uncommon in this society and it happens many times that innocent persons they suffer and police behaves without any sensitivity but you should go to higher officials first and if you find that no action is being taken you can approach to high court . You can file writ in high court of your state which can direct and even direct police personnel who has shown negligence in his work and did not take any action against culprits.

Advocate Devesh Tripathi LawRato

65 votes

If you've lodged an FIR (First Information Report) with the police, but they are not taking appropriate action, here are steps you can take:

1. File a Complaint with Higher Authorities: If your local police station is not responding or taking appropriate action on your FIR, the first step is to file a complaint with higher authorities. You can escalate the matter by approaching senior officers within the police department, such as the Superintendent of Police (SP) or the Station House Officer (SHO) of the concerned police station.
2. Approach the Court: If your complaint to higher authorities does not yield results, you have the option to approach the court. You can seek directions from the court to ensure a fair and proper investigation into your case. Consult with a learned advocate to guide you through the legal process.
3. Ensure Legal Action: In situations where the police are not taking appropriate action or conducting a proper investigation, it's essential to ensure that you take the necessary legal steps to safeguard your rights and interests. Seek legal advice from an experienced lawyer who can assist you in navigating the legal process and advocating on your behalf.

Remember, the police have a duty to investigate and take appropriate action on FIRs. If you feel that your case is not being handled properly, it's crucial to seek remedies through higher authorities or the judicial system to ensure justice is served.

Advocate Chikirsha Mohanty LawRato

420 votes

If the police refuse to register the FIR, and the complaint is cognizable, then you can make a formal application to the deputy commissioner or higher of the station to get the FIR recorded. And if that doesn't work, you may move to a court under section 154(3) CrPC.

Advocate Chikirsha Mohanty LawRato