learning_member (abc) 18 December 2013

Question on not abel to file fir -

hello,

when it says,if police doesnt take you FIR,you can approach a senior officer or a local magistrate.

what is that reference to magistrate here.?

does it mean they are asking us to file a case directly with the magistrate...? but how can i approach a court directly without filing a FIR especially if it a cognizable offense. also, how do i find out who is my local magistrate if i had to approach them in this regard,

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3 Replies

Laxmi Kant Joshi (Advocate ) 18 December 2013

make an application stating the offence happen to the sho police of your area police station , if they refuses to registered your report then make another report in the name of police SP and submit it in the sp office alongwith first copy of sho , take receiving copy of that , wait for a week if you get any information about any action doing by police then its o.k. otherwise move to the criminal court of your district , the criminal court is divided by their jurisdiction and numbers of police station comes under one jm/mm , one magistrate called jm/mm hears and decide the cases of his area , go and search in which court your ps comes , then move an petition u/s 156(3) crpc that police had not registered your case or not taking action against the culprits only then you move to the court to registered your case, attached the application as a proof . 2. i suggest you to engage a lawyer for your case and for all legal proceeding .

T. Kalaiselvan, Advocate (Advocate) 18 December 2013

Well advised by Mr Joshi, follow it up.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 18 December 2013

nothing left to add, file an application u/s 156(3) of crpc will will best solution and attached recent judgement of SC (Lalitha Kumari v.s state of UP) in which the SC clearly held that police is duty bound to registered a case if the offence is cognizable.