lawyrs (self) 17 March 2013

Police refuse ti file fir how to aprroch magistrate

my friend's attacked by 5 people. He wants to file complaint under ipc sec 143 , 147 , 148, 149 , 323, 328 ,504 , 506(2). Police refuse to file complaint

Now he plans to file a complaint to magistrate first class for the same.

1) Is there any fees for criminal complaint to magistrate?

2)does criminal complaint to magistrate first class require affidavit or self attested will work and any specific format for affidavit

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 March 2013

The information under section 154 of Cr.P.C is generally known as F.I.R. It is pertinent to see that the word '' first'' is not used in Cr.P.C in section 154 of Cr.P.C. Yet, it is popularly known as FIRST INFORMATION REPORT. Nevertheless a person,who is a grievance that police officer is not registering FIR under section 154 of Cr.P.C, such a person can approach Superintendent of Police (SP), with written application, under sub-section 3 of section 154 of Cr.P.C. In case of SP also does not still register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. If that be so, it is very essential and interest to know the powers conferred on Magistrate under section 156 (3) of Cr.P.C.

(Guest)

@Querist,

1.No fees for filing complaint with the Magistrate.

2.No specific format for filing complaint. You just need to disclose the facts about the comission of the offence either in oral or in writing before magistrate and ask him to take action.'Oath' is a part of such complaint which you will know when you go for filing complaint before a Magistrate.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

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