As per the decision of a 5-judge Constitution bench of the Supreme Court in the case of Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 : AIR 2014 SC 187 : 2014 Cri LJ 470, it is mandatory for the police to register FIR if the complaint given to it discloses the commission of a cognizable offence. It was also held that, however, if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. For more details on this issue, read: When can preliminary enquiry be conducted before FIR registration by police?
Also see: Whether Lalita Kumari case is final or any further judgment case later?
In case the complaint given by you clearly shows the commission of a cognizable offence (in your case, an offence under Section 354 IPC, which is a cognizable offence), it is the duty of the police to register FIR and investigate the case.
If the police does not register FIR even if such complaint discloses commission of a cognizable offence, you may consider the following remedies:
(1) Approach the Superintendent of Police of the district (or the DCP of the city area) for getting the FIR registered, under Section 154(3) of the Criminal Procedure Code.
(2) File an application before the Magistrate seeking direction to the police under Section 156(3) of the Cr.P.C. for conducting investigation in the case.
(3) File a private complaint before the Magistrate under Section 190 / 200 of Cr.P.C.
(4) File a contempt petition against the concerned police officer for failing to comply with the direction given by the Supreme Court in the above Lalita Kumari case, for mandatory registration of the FIR.
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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