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Physical assault from my boyfriend

Shivendra Pratap Singh

Advocate

22/05/2022

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Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a co-sharing flat. Now he is missing his parents. What steps should I take to help? 

Asked from: Uttar Pradesh

Police officers cannot refuse to lodge if the information suggests the commission of the cognisable offence. In the Lalita Kumari case [2014 Cri.L.J. 470] the Supreme Court has held that recording of the first information report is mandatory.

No need to file a complaint instead of an FIR, you should send the copy of information, which you wanted to lodge as an FIR, to the district Superintendent of Police. He has the power to either himself investigate the matter or depute any subordinate officer. 

You must have evidence to prove that your boyfriend has been torturing you. Mere oral allegation about act of torture will give him (boyfriend) an opportunity to quash the FIR. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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