...refusal on the part of SHO to register an FIR, clearly show that the statute contemplates that in certain circumstances SHO can decline to register an FIR. To r...decline to register the FIR or defer its registration. The provisions of Section 154(3) and Section 36 are a sufficient safeguard against an arbitrary refusal on the part of a police officer to...fact that the legislature has provided adequate remedies against refusal to register an FIR and hold investigation in cognizable offences is indicative of the legislative intent that the police...

...assistance to the complainant as and when it is approached. Therefore, refusal to register an FIR due to jurisdictional issues would be a travesty of justice as the aggrieved person would...question, this Court does not find any merit in the same as well. It cannot be over emphasized that the police is under a statutory obligation to register an FIR on receipt of information regarding...allegations levelled in the present FIR. It needs to be reiterated that subsequent to the lodging of an FIR, the police and the police alone has the statutory right and duty to investigate into a ...

...Mukesh Kumar submitted that he suspected malafide in the refusal to register an FIR even though FIRs have been registered in other cases for violation of the protection of Civil...Shri Mukesh Kumar submitted an application on 13.7.07 to the DCP New Delhi District seeking the following information: 1. Please confirm specifically on behalf of Delhi Police, in...and have no reference to the FIR mentioned in question 4. Therefore, to club all these with the question on the status of FIR is misconceived. FILE NO. CIC/WB/A/2008/00189 In this case appellant Shri...

...would be breaching the mandate of Section 154(1), thereby. Looking at it from the other angle, refusal to register an FIR is loaded with some serious consequences for informant/complaint. It seals the...information laid before him disclosing commission of cognizable offence in the prescribed form/book and to register an FIR. He may conduct some enquiry if he finds the information and allegations..., the concerned police officer cannot embark upon an enquiry as to whether the information, laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground...

...in charge of the police station as regards the refusal to register an FIR before issuing any directions under Section 175(3). 32.The introduction of these changes by the legislature can be attributed...Magistrate looked into the application filed by the complainant seeking police investigation and vide order dated 09.01.2012 passed an order directing the police authorities to register an FIR and undertak...for some reasons declines to register the FIR, then the law has left it open for the complainant to file an appropriate application before the 7...

...of the case, as the investigation can only be done after registration of an FIR. Para Nos.34 and 35 of the order dated 27.10.2020 passed in CRM-M No.26794 of 2020 read as under:- ...FIR is not in accordance with law. It would be prerogative of the Police to file...cancellation of the FIR after investigation in accordance with law. In such eventuality, the complainant would be having a right to file protest petition on receipt of notice from the Court. Thereafter...

...and render the investigation redundant and to refuse registration of FIR. He would be breaching the mandate of Section 154(1), thereby. Looking at it from the other angle, refusal to register an ...before the police clearly and specifically discloses commission of a cognizable offence, the officer incharge of police station is duty bound to register an FIR. However, where the information recorded...154(1) casts a statutory obligation on an officer to enter substance of information laid before him disclosing commission of cognizable offence in the prescribed form/book and to register an FIR. ...

...the officer in charge of the police station as regards the refusal to register an FIR before issuing any directions under section 175(3)." Therefore, the learned Magistrate ought ...refusal by the officer in charge of a police station to lodge the FIR has been made mandatory, and the applicant making an 9/15...the 1strespondent was issued a CSR, the 3rdrespondent failed to register a FIR, hence, the 1strespondent had rightly approached the...

...is required to consider the submissions of the officer in charge of the police station as regards the refusal to register an FIR before issuing any directions under Section 17...: a. First, the requirement of making an application to the Superintendent of Police upon refusal by the officer in charge of a police station to lodge the...enquiry as deems necessary before making an order directing registration of FIR. In the case on hand, there is nothing to infer from the impugned order that the learned Magistrate has conducted any...

...of Police. 6. The petitioner further contends that the Raghunathganj Police Station's initial refusal to register an FIR is suspicious, particularly given the...Police District to lodge an FIR concerning his son's death. However, the police refused to register the FIR, advising the petitioner to wait for the post-mortem report...the report was incomplete and possibly influenced to obscure the true cause of death. Frustrated by the police's refusal to file an FIR, the petitioner lodged a Zero FIR at English Bazar Police St...

...refuse registration of FIR. He would be breaching the mandate of Section 154(1), thereby.”“Refusal to register an FIR is loaded with some serious consequences for informant/complain...to register or not to register the FIR based on the outcome of such an enquiry. In any case, it is submitted that as per the Supreme Court decisions in the case of AIIMS Employees...should not make any order or direction to the respondent to register the FIR because an alternate efficacious remedy of filing of a private complaint is available to the petitioner in case he is...

...registration of FIR. He would be breaching the mandate of Section 154(1), thereby. Refusal to register an FIR is loaded with some serious consequences for informant/complainant. ...on the allegations made in the complaint of the petitioner and it was not permissible for the Police to register an FIR only in respect of the minor offences mentioned in the complaint, and to defer...enter substance of information laid before him disclosing commission of cognizable offence in the prescribed form/book and to register an FIR. He may conduct some enquiry if he finds the information...

...Magistrate is required to consider the submissions of the officer in charge of the police station as regards the refusal to register an FIR before issuing any directions under Section 175[3...requirement of making an application to the Superintendent of Police upon refusal by the officer in charge of a police station to lodge the FIR has been made mandatory, and the applicant making an...the sense that either the FIR is still not registered or that even after registering it, no proper investigation has been conducted, it is open to the aggrieved person to file an application under...

...truth and justice to suit their vested interest. 14. The police under the relevant laws of section 154 Cr.P.C., is duty bound to register army complaint's FIR disclosing a prima faci...request to register FIR against Shri Vipul Shrivastava and against other police persons vide (Annexure R/2). Para 1 to 4 of the written complaint reads as under :- "(1...complaint, no FIR has been registered against the erring police officers till date. The inaction on part of police authorities to register FIR is also in contravention to the directions given by the...

...required to consider the submissions of the officer in charge of the police station as regards the refusal to register an FIR before...upon refusal by the officer in charge of a police station to lodge the FIR has been made mandatory, and the applicant making an application under...only given written complaint to the IIC, Macheswar PS, but also has lodged an e-FIR and has also sent the copy of the written complaint by Speed Post to the IIC, Mancheswar PS and the DCP...

...the case, as the investigation can only be done after registration of an FIR. [34]. In view of aforesaid legal position, refusal to register an FIR is not in accordance with law. It would...ensure prompt investigation of a cognizable offence in accordance with law. There is no discretion left with the Police Officer to register or not to register an FIR once information of a cognizab...register or not to register an FIR when information is given about commission of a cognizable offence. The requirement of Section 154 Cr.P.C., is only that the report must disclose the commission of a...

...Respondents approached the police authorities and on refusal to register an FIR, which alleges commission of offences under the IPC, filed a complaint to the Magistrate under Section 156(3), which...stage and issuing direction to the police to register an FIR for the offence under Section 15 of the enactment, being a cognizable offence. 6. The Environment (Protection...18thNovember, 2013. Inspite of such notice, the Commissioner of Police did not issue a direction to the concerned police station to register an FIR. Consequentially, the Applicant filed ...

... JUDGMENT Aggrieved by the refusal of police to register an FIR pursuant to Ext.P1 and Ext.P2 complaints, petitioner has approache...482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') seeking for a direction to register a crime based upon the written information provided. 2. In the decision in...under Section 154(3) and Section 156(3) of the Code. Though it is contended that the petitioner had e-mailed the complaint to the District Police Chief on 17.01.2023 as well as to the State Police...

...registering the FIR against the Respondent No. 5. In view of the situation arising out of the refusal of the ACB to register an FIR under the...Respondent No. 5 under various offences punishable under Prevention of Corruption Act 1988 and Penal Code, 1860 and register an FIR against Respondent No. 5 also to submit a...the proposition of law that where the police refuse to register an FIR, the party can be relegated to the remedy by way of an Application under Section 156(3) of the Cr. P.C...

...Mool Chand Garg, J.— This petition raises a substantial question of law as to whether:—(i) The police can refuse to register an FIR on a complaint made by the complainant disclosing...respondent No. 2 to register an FIR against Sh. Anil Gupta. In support of his case the petitioner has relied upon the following judgments:1...grievance by leading sufficient evidence. The Magistrate then can either direct further investigation under Section 156(3) Cr.P.C and a direction to register an FIR or may proceed...