Nature of grievance

Where Police refuse to register the crime / offence / FIR, a Contempt Petition (Civil) can be filed before High Court concerned against Police officer who has refused to register FIR. In the Constitution Bench Judgment of the Apex Court in the Lalita Kumari case, it has been held that the Police must register FIR where the complaint discloses a cognizable offence. The Contempt proceedings are held only in High Courts and in Supreme Court. Also, refusing to register an FIR amounts to Criminal contempt of the court. If criminal contempt is preferred, then permission of the Advocate General of the respective State Govt must be obtained before filing Criminal Contempt Petition, or in the alternative, after filing of Criminal Contempt Petition, the concerned High Court may be requested to take Su Moto Cognizance of the alleged criminal contempt of the Court. If one is unable to adopt appropriate proceedings in the High Court, he may record a Letter in this behalf before the concerned High Court