Section 6 in Maharashtra Division Level Police Complaint Authority (Administration and Procedure) Regulations, 2018
6. Procedure for filing and registering complaints.
(1)Any person who desires an enquiry to be made by the Authority into one or more instances of "misconduct" of police personnel shall submit to the Authority, a written complaint preferably in Marathi, Hindi or English.(2)A complaint shall be submitted on plain paper, providing all the relevant details of the instance to the extent available or shall be submitted through online digital format. No fee shall be chargeable on complaints.(3)Every complaint so filed shall be supported by a self-attested declaration as provided in Annexure "A" appended to these Regulations, stating that all the relevant details mentioned in the complaint are true and correct on the basis of his personal knowledge.(4)A complaint can be submitted by post or by courier or posted by email or in digital format on the website of the Authority or in person at the office of the Authority.(5)A complainant may, if he so desires and to the extent possible supply copies of the document or records, in support of the allegations made, including,-(a)a medical report or any certificate issued by a qualified doctor disclosing nature of injuries on the body of the victim, who had examined the victim immediately after the occurrence of the incident,(b)photographs showing the injuries on the person of the victim or records at the time of enquiry,(c)audio or video recordings, relating to the allegations contained in the application,(d)relevant extract of the dairy of the police station concerned,(e)copy of the first information report (F.I.R.), if any,(f)copy of the memorandum of arrest,(g)any other document considered relevant by the complainant.The complainant can file photocopies of the documents or records mentioned in the above clauses.(6)The Member-Secretary or designated officer of the Authority shall record a complaint case under the directions of the Authority, acting suo-moto in accordance with clause (a) of sub-section (1) of section 22Q of the Act or upon information received from the National Human Rights Commission (NHRC) or the State Human Rights Commission (SHRC) or the Lokayukta or the Government or any other public authority, and as contemplated under clause 22Q (1).(7)The Member-Secretary or designated officer of the Authority shall maintain registers, in the proforma specified by the Authority, about the complaints recorded in the Authority.(8)Screening and Referral of complaints by the Authority,-(a)Upon registration of a complaint case, the Member-Secretary or designated officer shall place the complaint along with the supporting documents received, before the Authority within seven working days after receipt of the complaint, for further directions.(b)The Authority shall examine the complaint and all supporting documents and determine whether the Authority have jurisdiction to enquire into the complaint or otherwise.(c)After examination of the complaint, if the Authority is of the opinion that the subject matter of the complaint does not fall within the Authority's jurisdiction, then the Authority shall reject the complaint after recording the reasons in writing but so far as possible within fifteen days from the date of the complaint.(d)Upon preliminary examination of the complaint, if the Authority is of the view that no primafacie case is made out, it shall reject the complaint for the reasons recorded in writing, so far as within fifteen days from the registration of the complaint.(e)If the Authority is satisfied that the complaint falls within its jurisdiction and there exists a prima-facie case to conduct the enquiry, then the Authority shall proceed with the enquiry under the Act and these Regulations.(9)The Member-Secretary or designated officer of this Authority shall issue authenticated order of the Authority made under these Regulations and communicate, free of charge, a copy of the order to the complainant or representative of the complainant as the case may be.
