Thursday, December 13, 2012

Re: [IAC++] curruption aginst FIR

A telegram is not an FIR, but police are not supposed to refuse to file an FIR. The telegram becomes a third party (also sarkari) record that you had indeed made a complaint - so if the FIR is not filed, the police are directly refusing to act on an explicit Supreme Court ruling. A simple comparison of date of telegram and date of FIR becomes proof of them disobeying the SC - if you don't get your FIR and have to fight for it. Action can be taken against the police for refusing. Mainly, no police officer will want to risk his job like that. If you send telegram they will usually not refuse FIR after that. If they still refuse, then there is some big hand not wanting the case filed at all cost - normal reluctance will not work after telegram.

Technically an email of fax could also work, but government records are best in terms of credibility, so telegram. Registered letter is good too, but the contents of it aren't recorded - leaves room for denial.

Justice B N Agarwal had ruled (reporting from article - can't find Supreme Court website link on this laptop)

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The court has provided a detailed mechanism to citizens to make the police accountable. The bench comprising Justices Agrawal and G S Singhvi said if the police refused to register an FIR, the aggrieved person could move the area chief judicial magistrate with a complaint against the concerned officer.

Posting the order on the Supreme Court website "so that the people of India may know what directions have been given by this court", the bench said, "The chief judicial magistrate or the chief metropolitan magistrate, as the case may be, shall take action in a case of inaction upon filing of a complaint petition and give direction to institute the case within a specified time-frame."

If the police failed to act even thereafter, "the CJM or CMM shall not only initiate action against the delinquent police officer but punish them suitably by sending them to jail, in case the cause shown is found to be unsatisfactory".

Moreover, the concerned CJM or CMM court should intimate the disciplinary authority "at once by fax as well" about the errant officer, who would be immediately placed under suspension pending departmental proceedings.

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It is highly unlikely that the cops will refuse FIR after getting a telegram. But the telegram itself is not FIR - you will still have to send/submit a written complaint. This is best written by a lawyer/yourself and If cops are avoiding FIR, they may alter details to make less severe sections applicable.


Vidyut

On Thu, Dec 13, 2012 at 2:55 PM, Mr. Hemant Kshirsagar <hemantkshirsagar01@gmail.com> wrote:
Wow I never few that the police have to recognize the telegram as a FIR...



--
Vidyut Kale
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