Police had denied filing the FIR for a cognizable offence
20-Nov-2024 (In Criminal Law)
Police is not taking a FIR for a cognizable offence from the road accident that happened past 3months ago. I want am seeking for justice for myself as I was brutally beaten and have a significant damage from the accident. From the accident my left ear drum was ruptured and is still in the recovery phase and there seeking a medical aid from last 3months now. There has been no action from the police against the case and I have been waiting for any action
What is the status of your application/complaint given to SHO of concern police station? If the FIR has not been lodged till now file the same complaint to the higher authority first i.e. DSP/SP take receiving of the same if they deny to take the same. Just post it through registered post. As you have mention your ear drum is ruptured it comes under the definition of grievous hurt and it is indeed a cognizable offence.
Situation where the police have not yet filed a First Information Report (FIR) after a road accident. Here's a brief summary of the steps you've mentioned:
Application to the Superintendent of Police (SP) under Section 173(4) of the BNSS (Bihar Police Act):
If the FIR has not been lodged, you can submit a written application to the Superintendent of Police. This application should include details about the accident, along with relevant images (such as photos of the accident location) to establish the genuineness and urgency of the matter.
Once the application is prepared, you can courier it to the SP's office.
Complaint before the Magistrate under Section 191 of the BNSS:
If the matter is still unresolved after submitting the application to the SP, you have the option to file a written complaint before the local Magistrate. This would be done under Section 191 of the BNSS, which allows the Magistrate to take cognizance of the complaint and initiate action if necessary.
Both these options are intended to ensure that the case is officially recognized and that the police or authorities take action.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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