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saurabh (advocate)     12 August 2010

how to register a case

in a  delhi court  where wife filled the domestic violence against husband , she  asked the husband outside the court room that she wanted to see his 3 year old son which in custody of husband , husband says that she can meet him anytime....on the same day she went to husband place to see his son without court order....beacuse it was decided between husband and wife outside court...there she was beaten by inlaws and now she  fractred his arm beacuse of beating and hitting with iron rod......police came to scene and arrested every1 and took the girl to hospital where she gets the plaster..


police gave the bail to accused in police statation.

now police refuse to register the FIR stating that it is cognizable offfence and will not register FIR..

so if i need to file a case how should i proceed and should i file 156(3) application for registring the FIR...or any other procedure....



 2 Replies

Adv. G.Narayan ( Advocate & Legal Consultant)     12 August 2010

Dear Saurabh!

In this case the police must have booked the accused persons U/S 323 or 325 of I.P.C. and since both these sections are bailable that is why the police bailed them out. what is garvity of the injuries to the lady was she injured by some dangerous weapon or the attempt was to kill her on provocation. you onething get the the medical report from the doctors who treated her about the gravity of injuries and then file a complaint before concerned magistrate u/s 200 Cr.P.C. In which part of Delhi this incidence took place.

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Mr. Saurabh,

You file a petiton under Section 200 Cr.P.C. (private criminal complaint) along with Section 156 (3) application along with the available documents.  Then the court has two options.  It may take pre-summon evidence from the complainant  and other witnesses, if any and if satisfies with the evidence take cognizance and summons are issued to the accused.  Otherwise, the court may take the contents of Section 156 (3) application and direct the concerned police station to register FIR and file the report under Section 173 of Cr.P.C.

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