Dear Mr Subramanyam,
What I could understand from your query is that an FIR has been filed by the police on "Mr X" complaint to police. But the police has registered FIR under non-serious sections. You want the police to add serious provisions in the said FIR.
In such scenario you may do the following:-
1. If the charge sheet has not been filed and the case is still at investigation stage, you may first give a written application to the Investigation officer and inform him about the facts which had led you to believe that serious provisions should be added. If the investigating officer does not do anything within5-6 days, you may file Application u/s 156(3) Cr PC for re-investigation. In the said application you have to submit the facts and evidence which warrant inclusion of serious provisions. If the court is satisfied, the court will order re-investigation and to file appropriate charge sheet.
2. If the charge sheet has already been filed then file application directly to the trial court stating the facts warranting inclusion of serious charge along with evidence. The trial court has power to alter charge as per Section 216 Cr PC.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.