After receiving the FIR, the station house officer decided not to investigate the case on the ground that the case is not of a serious nature. What is the remedy available to the person aggrieved by such a decision of the station house officer ?

Facts of the Case

• A First Information Report (FIR) was registered.
• The Station House Officer (SHO) refused to investigate the case, stating it is not of a serious nature.
• The complainant is aggrieved by the SHO’s decision to not proceed.

Issues in the Case

• Can a police officer refuse to investigate an FIR based on his opinion of the seriousness of the offence?
• What are the remedies available to the complainant in such a situation?

Principles Associated With It

• Section 157(1)(b) CrPC allows the officer-in-charge to not investigate a case if it appears that the case is not of a serious nature, but such refusal must be justified and recorded.
• The aggrieved person can approach the Superintendent of Police under Section 154(3) CrPC.
• Alternatively, the person can file a private complaint before the Magistrate under Section 200 CrPC.
• The Magistrate can then direct an investigation under Section 156(3) CrPC.

Judgement

• The SHO’s decision not to investigate is not final.
• The aggrieved party can:
  • Approach the Superintendent of Police under Section 154(3) CrPC.
  • File a complaint before the Magistrate who may order an investigation under Section 156(3) CrPC.
• These provisions ensure that access to justice is not hindered by police inaction.