Police says, No fir can be the lodge for vehicle damage caused by any person. Yesterday at 11 pm, a boy from my colony came to me and asked for my car, but I refused to give him. Then he threatened me to break and damage my car, and he has damaged the door of my car.
I called 100 and PCR referred me to the nearest police station. I went there, and the officer told me that there is no damage caused to human. So he couldn’t register FIR and legally no action could be initiated against him.
The facts of your case prima facie prove that they have committed the offence of mischief. Notable, the mischief is punishable under section 426 of the Indian Penal Code (IPC). It is a non-cognisable offence. Therefore, the police officer cannot register the FIR. He can register a non-cognisable report under section 155 of the Code of Criminal Procedure (crpc).
Section 154 of the crpc provides a procedure to record the FIR in respect of cognisable offence only. Consequently, the police officer could not register your case in section 154 as FIR. In the light of your facts, he should have to record your information in section 155 crpc and direct you to approach the court for initiation of the investigation.
The remark of the police officer that no human can cause this kind of damage is entirely unacceptable. Because he could not reach at this conclusion without conducting an investigation. In fact, he had to record your information under section 155 crpc without making such a remark.
If the police officer does not record the information under section 155(1) crpc, then you can move an application before the Magistrate under section 155(2) of the crpc. The Magistrate shall direct the police officer to investigate the crime.
Alternatively, you may file a complaint under section 200 crpc for the said offence. If the court satisfies that the said offence has been committed, then he shall direct to initiate the investigation.
The conduct of a police officer is highly impermissible in the situation. The police officer is bound to register the NCR and refer the informant to move to the court for the direction of the investigation. However, the police has no power to investigate the non-cognisable offence without an order of the Magistrate whereas he has power to register the NCR in general diary.
