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Police illegal acts, forgery,etc. Should I file WRIT or PVT COMPLAINT?


18-Aug-2023 (In Criminal Law)
In June 2022, I filed a complaint against someone, but that person had connections with a police sub-inspector. This PSI came to our house, took me & my mother to the station, & tried to settle the matter for money, even without an official complaint & without a lady police. The next day also, he harassed us again and falsely accused us by backdating a complaint. In July, I met the commissioner, and finally, a case was registered against the accused. However, the same police officer became the
Answers (1)

Answer #1
625 votes
Dear Sir, If you wish to lodge complaint against the then PSI then you have to file a private complaint before Magistrate as follows: File A Criminal Complaint In India: A Step-By-Step Process   Most Indian citizens are not aware of their legal rights. This lack of awareness is among the major reasons because of which reporting of criminal activities is not a seamless process in India. The general perception about policemen is also not helpful. However, reporting of crimes that you witness is essenial. India has a poor reputation when it comes to reporting of criminal activity. Several crimes, particularly against women, go unreported. This is for a variety of socio-political reasons, but somewhere among them is also a misunderstanding of legal rights. India, in truth, has all the laws in place and understanding your rights is key to increasing reporting criminal elements in our society. A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India: Filing an FIR In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). The duty of the police lies in hearing the aggrieved and directing him to the District Magistrate for further action. An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process. What can you do if your FIR is not registered? It is illegal to not register an FIR. The remedies available are: 1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice. 2. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made. 3. You can file a private complaint before the court having jurisdiction. 4. You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police does nothing to enforce the law or does it in a biased and corrupt manner.
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