If the police did not properly investigate a criminal case, a common man (complainant or victim) has several legal remedies available in India to seek justice. Here’s what can be done:
1. File a Complaint with Higher Police Authorities
- Approach the Senior Police Officers such as the Superintendent of Police (SP), Deputy Commissioner of Police (DCP), or Commissioner of Police.
- You can send a written complaint or meet in person and request a fair and proper investigation.
2. File an Application under Section 156(3) CrPC
- You can approach a Judicial Magistrate and file an application under Section 156(3) of the Criminal Procedure Code (CrPC).
- The Magistrate can direct the police to register an FIR (if not done) or to investigate the case properly.
3. File a Complaint Case under Section 200 CrPC
- If the police do not act, you can file a private complaint directly with the Magistrate under Section 200 CrPC.
- The Magistrate may examine the complainant and witnesses and take cognizance of the offence.
4. Approach the State or National Human Rights Commission (NHRC)
- If there is serious negligence or violation of rights during the investigation, you can file a complaint before the State Human Rights Commission or NHRC.
5. File a Writ Petition in High Court
- Under Article 226 of the Constitution, you can file a writ petition (Mandamus) in the High Court seeking:
- Proper investigation
- Transfer of investigation to another agency (like Crime Branch or CBI in extreme cases)
6. Approach the Lokayukta or Vigilance Department
- In cases of corruption or willful negligence by police officers, complaints can be made to the Lokayukta, Vigilance Department, or Internal Complaints Cell of the Police Department.
7. File an RTI Application
- You can file an RTI (Right to Information) application to obtain investigation status, copies of FIRs, action taken, etc., to gather evidence of police inaction.
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