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FIR not filed by police?

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Delhi HC Shocked No FIR Lodged by Police Despite Senior Citizen Missing for More Than 3 Years….


Facts:

1) Daughter’s father missing since July 10, 2017.

2) The daughter went to police station to file a FIR.

3) The police did not file FIR.

4) No action taken by the police.

5) The daughter wrote a letter to the DCP, yet the FIR was not filed

6) The daughter then wrote to Commissioner of Police.

7) The Commissioner of Police issued a notice regarding missing/kidnapping/abduction to all the Police stations under his jurisdiction.

8) The FIR was yet not filed and no action was taken in this matter.

9) The daughter then filled a writ petition in the Hon’ble High Court of Delhi.

10) The court ordered to file the FIR immediately

11) The FIR was filed and the action was taken.




Procedure the daughter used against the police for filling the FIR:

1) The daughter went to police station to file a FIR after which the police would help her in finding her father.

2) But the police did not file the FIR and then she wrote a letter to the Deputy Commissioner of Police complaining about the same.

3) Yet no action was taken by the police so she wrote a letter to the Commissioner of Police after which the Commissioner issued a notice to all the police stations under his jurisdiction regarding Kidnapping/Missing/Abduction cases.

4) All this work took almost three years

5) Even then no FIR was filed, so the daughter filed a Writ Petition in front of the Hon’ble High Court of Delhi after which the court order to file the FIR immediately.

6) The FIR was filled immediately also an internal enquiry started on the police officers available in the police station.

7) FIR was filled on 30/12/2020



What you can do, if Police does not file your FIR?

1) Send a letter to the DCP (Deputy Commissioner of police) or any senior official in charge of that jurisdiction.

2) In case yet your FIR is not filed, complain about the same to the Commissioner of police or any officer who is termed as senior most in that Jurisdiction. The Complain should be in written form.

3) Most probably your FIR had been filed till now, but yet in case it has not been filled, you can file a Writ Petition in the Hon’ble High Court of your state under whose directions the police immediately file the FIR.


Sources:

1) News 18

2) NDTC

3) Daily Times

4) Orders/Judgment Delhi High Court





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