Sultan Salauddin Khan (legal practice) 24 June 2009

Registeration of FIR

If police denied to rgister FIR, 156 (3) CrPC gives a platform to file the petition directly to the magistarte to issue direction to the police to register the FIR. Under what circumstances a magistrate can refuse to take the petition under section 156(3).

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5 Replies

Meenakshi Vijayanand (Advocate / Law Firm) 24 June 2009

if there is no primafacie cognizable offence (no reason to believe that there was commission of cognizable offence), the magistrate can refuse

PARTHA P BORBORA (advocate) 24 June 2009

in that case u can file a complain case before any criminal court or u can file a petion with the copy of the fir to State Human Rights Commission or u can file the FIR by Regiudterd post addressing the Supt of Police of ur area and in that case u must inform him in black & white that the police has not register FIR

Ziaul Haque Ansari (Advocate) 24 June 2009

A magistrate can dismiss the petition u/s 156 (3) Cr.P.C. under the circumstances if the

petition does not discloses any cognizable offence ar when the provisions filing a petition

u/s 156 (3) are not complied with.

Adv. Lalit K. Jhunjhunwala (Lawyer) 25 June 2009

Please peruse the following case law. In this you can seek direction form Chief Judicial Megistrate to the concerned police officer to file FIR. Other wise I agree with what ever has been told by variuos law experts on your query. In this case law supreme Court has laid down as to what should a person do if the police officer fails to file an FIR.

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