All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
68.

Suppose F.I.R. is not registered by the Station House Officer. What are the options that the complainant has?

A: Approach Superintendent of Police
B: Approach Magistrate by filing Private Complaint
C: Both (Approach Superintendent of Police) & (Approach Magistrate by filing Private Complaint)
D: None Of These

The answer is: C

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Explanation

The correct option is C: Both (Approach Superintendent of Police) & (Approach Magistrate by filing Private Complaint).

According to Section 154 (3) of the Code of Criminal Procedure, 1973, if a Station House Officer (SHO) refuses to register an FIR in a cognizable offence, the complainant can approach the Superintendent of Police (SP) with a written application. If the SP is satisfied that the information discloses the commission of a cognizable offence, he can either investigate the case himself or direct any subordinate officer to do so.

If the SP also refuses to register the FIR, the complainant can approach the Magistrate having jurisdiction with a complaint under Section 156 (3) of the Code of Criminal Procedure, 1973. The Magistrate can order the police to register the FIR and investigate the case using the power of Section 190 of the Code of Criminal Procedure, 1973.

Therefore, the complainant has both the options of approaching the SP and the Magistrate in case the SHO does not register the FIR.