Practice area

Police inaction and fair investigation petitions

Petitions to compel registration of FIRs, challenge unfair investigation, and seek fresh or independent investigation in appropriate cases.

When police refuse to register a complaint, or an investigation appears tainted or one-sided, the High Court can be approached. These petitions are heard cautiously, because courts avoid interfering with investigation unless there is a clear case.

What this work involves

• Registration of FIRs: the Supreme Court held in Lalita Kumari v. Government of Uttar Pradesh (2014) that registration is mandatory where information discloses a cognizable offence, with limited scope for a preliminary inquiry
• Directions through the Magistrate: applications under Section 175(3) of the BNSS, and challenges to such orders
• Fair and impartial investigation: petitions where there is evidence of bias or non-application of mind
• Further or fresh investigation, and transfer to a special team or another agency in rare cases
• Police protection where there is a real threat to life or liberty
• Closure reports: protest petitions and challenges to closure

Approach

Records of the complaint, the police response and the available material are collected first. Petitions are framed around specific, documented failures instead of general allegations.

Frequently asked questions

What if the police refuse to register my complaint?

Steps include a written complaint to the superior police officer and an application to the Magistrate. If these fail, the High Court can be approached.

Can the High Court order another agency to investigate?

Only in rare cases where the Court is satisfied that it is necessary to do justice and maintain public confidence in the investigation.

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