Ways to file a suite criminal case on goverment officer .

Guru (Querist) 19 September 2025 This query is : Resolved
dear sir , may I know what are all the ways or options available for to file a suite on goverment servant . thank you .

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If you need to file a criminal case against a government servant and initial complaints to the police or Superintendent of Police have been unsuccessful, you can approach a judicial magistrate court. You can file a petition under Section 156(3) of the Cr.P.C (now Section 175(3) of BNSS). This allows a magistrate to order a police investigation into a cognizable offence. Be aware that the BNSS requires you to first exhaust police remedies and file a sworn affidavit, and the magistrate will conduct a preliminary inquiry before ordering an investigation.

Sudhir Kumar, Advocate (Expert) 19 September 2025
Please give facts of the case and also give reference of earlier queries on the issue.

kavksatyanarayana Online

(Expert) 19 September 2025
Is it your private case? If so, please state the full facts to receive a proper reply. If it is an official case, you cannot file a case; instead, you can complain to the relevant authority for taking necessary action.

T. Kalaiselvan, Advocate (Expert) 20 September 2025
Without knowing even the basic background details, any opinion rendered will be a sheer misguidance hence your may revert with more details if you are really serious in your question

Dr. J C Vashista (Expert) 21 September 2025
It is only some other "GURU" who may advise on presuming facts of the dispute, which have not been posted by you .

Guru (Querist) 23 September 2025
dear sir , for example . We can't file criminal case directly on government servant in court . I thinking file police complaint on police investigating officer and brining court order to file FIR on him with all evidence submitted to court .

Does this works ? And what all other ways .

Considering that superintendent of police also not take action when approached .

Please let me know how to do it all and the format to court ? I want to do it on my own . Thank you .

T. Kalaiselvan, Advocate (Expert) 23 September 2025
If the police is not cooperating or the superintendent of police is noit responding properly then you can approach nearest judicial magistrate court and file a petition under section 156(3) Cr.P.C which is replaced by Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), retaining the power of a magistrate to order the police to investigate a cognizable offence. However, the BNSS introduces significant changes, requiring applicants to first exhaust police remedies (under Section 173(1) and 173(4) of BNSS) by filing a sworn affidavit, and mandating the magistrate to conduct a preliminary inquiry before ordering an investigation, with consideration given to police submissions for not registering an FIR.

P. Venu (Expert) 23 September 2025
You are yet to post the material facts as well the context.

Dr. J C Vashista (Expert) 24 September 2025
Prima facie it is a hypothetical story for debate / examination.

Sudhir Kumar, Advocate (Expert) 29 September 2025
come clear with material facts faced by you.

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