Advocate Rajeev Malik explains that if the case is of non-cognizable category such as minor assault, criminal defamation, thrashing etc., then in such a case the case is not registered directly, but on complaining to the police, the Police Non-Cognizable Report i.e. NCR and the matter is referred to the Magistrate if required.
When the case is of a cognizable offense i.e. a serious offense such as a non-bailable offense of murder, rape, robbery, dacoity, or other serious offenses, then in that case the police directly registers an FIR on the complaint. Under Section 154 of CrPC, it is the duty of the police to register a case in respect of a cognizable offence.
What if the case is not registered in the police station?
Advocate Manish Bhadauria says that if the police refuses to register a case in a serious and cognizable offense, then the complainant can send a complaint to the SP or DCP of the area. If the case is not registered even after asking and complaining to the top officer of the police, then with the help of the lawyer, with the help of the lawyer of the complainant, in front of the area magistrate of the concerned police station, Section-156 (3) of CrPC (CrPC Section-156(). 3), and then the court, on being satisfied with the complaint, orders registration of a case.
What is Zero FIR?
Senior advocate KK Menon explains that even if the crime committed with the complainant has not been committed in the jurisdiction of the police station where the complainant reaches with the complaint, the police will have to register a case on the basis of the complaint of the complainant. If the case is related to a cognizable offence, then the case can be registered in any other area, irrespective of the area of the country.
There is no delay in reporting the crime to the police, so it is necessary to register that complaint. The police will not only do the FIR but will also conduct a preliminary inquiry so that the initial evidence is not destroyed. After such investigation, the police refer the investigation report and FIR to the concerned police station. The FIR registered in this process is called Zero FIR.
When to go to consumer court?
Delhi High Court’s lawyer Falak Muhammad explains that when the matter is related to consumer’s rights, then there is no complaint in the police station or in any court, but for that district consumer courts have been set up in every district of the country. A complaint can be made in Wherever you are a consumer and there has been lapse in service or violation of consumer rights, then not in the police station but in such a case the complainant himself can file a case in the Consumer Forum of the area i.e. can make a written complaint. The Consumer Court can issue notices to the defendants on the basis of that complaint. If the complainant wishes, he can take the help of a lawyer for the complaint or petition.
In which case the door of High Court or Supreme Court can be approached directly?
Senior Advocate Ramesh Gupta explains that if the matter is related to one’s fundamental right. Whether the Fundamental Rights of a particular person are being violated or the rights of the people are being violated in the larger public interest, then in such a case directly in the High Court of the area under Article 226 (Article-226). Writ file can be filed or if the matter is related to two states or countrywide, then a writ can be filed in the Supreme Court under Article-32.
Article 226 and 32 can be invoked in case of violation of any fundamental rights. But at the same time, if the matter is related to public interest, then PIL (Public Interest Ligitation) i.e. Public Interest Litigation is filed with the help of these two articles. In case of public interest litigation or violation of fundamental rights, the writ is not filed in the lower court but is filed directly in the High Court or the Supreme Court.
Is PIL filed by letter also?
If the matter is related to public interest, then any citizen of the country can write a letter in that case and inform the High Court or Supreme Court about the matter. When the letter reaches the High Court or the Supreme Court, it is scrutinized and the High Court or the Supreme Court can convert it into a Public Interest Litigation when it thinks fit.