What should a lawyer do it police doesn't register the FIR of his client ?

Answer By law4u team

If a lawyer's client approaches them because the police haven't registered an FIR (First Information Report) for a cognizable offense, the lawyer can take a few steps: Review the Details: First, the lawyer will carefully review the details of the case from the client. This includes understanding the nature of the offense, the evidence available, and the reason provided by the police for refusing the FIR. Draft a Petition: Based on the information gathered, the lawyer can draft a petition. This petition can be addressed to: Senior Police Officer: The petition can be addressed to the Superintendent of Police (SP) or higher authorities in the police department, requesting them to register the FIR based on the information provided. Magistrate: The lawyer can file a petition with the Judicial Magistrate or Metropolitan Magistrate under Section 154(3) of the CrPC (Code of Criminal Procedure). This empowers the magistrate to order the police to register the FIR if they find the information discloses a cognizable offense. Present the Case: The lawyer will present the petition to the appropriate authority, highlighting the relevant sections of the CrPC and arguing why the FIR should be registered. They may also present any evidence the client has gathered. Follow Up: The lawyer will follow up on the petition and keep the client informed about the progress. Here are some additional points to consider: Zero FIR: If the offense was committed outside the jurisdiction of the police station where the client approached initially, the lawyer can advise filing a "Zero FIR." This FIR can be registered at any police station in India, irrespective of where the crime occurred. The station will then transfer the FIR to the appropriate police station for investigation. Legal Action: In some cases, the lawyer may advise taking legal action against the police officer who refused to register the FIR. This could be under Section 166A of the Indian Penal Code (IPC) which deals with public servants who fail to record information of cognizable offenses. Remember, these are general steps. The specific course of action will depend on the individual circumstances of the case.

Answer By Sushama Sarangpure

If the police refuse to register an FIR (First Information Report) for a lawyer's client, the lawyer can take the following steps: 1. _File a complaint_: File a complaint with the Superintendent of Police (SP) or the Commissioner of Police, as applicable, under Section 154(3) of the Code of Criminal Procedure (CrPC). 2. _Approach the Magistrate_: File a petition under Section 156(3) of the CrPC before a Magistrate, requesting them to direct the police to register the FIR. 3. _File a writ petition_: File a writ petition under Article 226 of the Constitution before the High Court, seeking directions to the police to register the FIR. 4. _Send a legal notice_: Send a legal notice to the police authorities, reminding them of their duty to register the FIR. 5. _Escalate to higher authorities_: If the issue persists, escalate the matter to higher authorities such as the Director General of Police (DGP) or the National Human Rights Commission (NHRC). 6. _File a private complaint_: File a private complaint under Section 200 of the CrPC before a Magistrate, who can then direct the police to investigate. 7. ஒரு வழக்கறிஞர், தங்கள் வாடிக்கையாளரின் உரிமைகள் பாதுகாக்கப்படுவதை உறுதி செய்வதற்காக இந்த விஷயத்தைத் தொடர தொழில்முறை மற்றும் விடாமுயற்சியுடன் இருக்க வேண்டும் என்பதை நினைவில் கொள்ளுங்கள்.