A police officer disobeying the direction of law is punishable under Section 166 of IPC, but this is a non-cognizable offence. Therefore, technically speaking, a police officer refusing to register an FIR on the basis of a report given for an cognizable offence may be liable for offence under Section 166 IPC.
To invoke Lalita Kumari case, you should first ensure that the complaint given by you clearly shows prima facie (on the basis of facts mentioned in it) commission of a non-cognizable offence. If a police officer refuses to register FIR in violation of the guidelines issued by the Supreme Court in Lalita Kumari case, you should first approach the Superintendent of Police (SP) of the district to direct registration of FIR (by specifically citing the mandate of Lalita Kumari case). If the SP also does not give such direction to the SHO, you may then approach the Magistrate court for the same relief, specifically mentioning the requirements of Lalita Kumari case. However, if you still don’t get justice and FIR is not registered, you may perhaps file a Contempt Petition in the Supreme Court. In such circumstances, there is a likelihood that either the SC will take action on your contempt petition or will at least give you liberty to approach high court for appropriate proceedings or will give some appropriate direction to the concerned authorities.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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