Who will inform judicial magistrate in non cognizable offense

The police will first register FIR if prima facie case is made out by preliminary investigations, subsequent to filing charge sheet, the court will decide about taking cognizance.

Originally posted by : T. Kalaiselvan, Advocate
	The police will first register FIR if prima facie case is made out by preliminary investigations, subsequent to filing charge sheet, the court will decide about taking cognizance.

Sir i am not asking about cognizable offense.

Police not register FIR in non cognizable offense. They just write simple complain and give ncr copy to victim.

The defacto complainant duty is to lodge the complaint with the police, if they don't reigster the FIR or do not take proper action on your complaint, you can approach judicial magistrate with a petition under section 173(3),BNS seeking direction to concerned police to take action as per law.

You may have to provide proper documents to establish cognizance of offence.

You have not stated the proper facts hence you may revert with proper details if you are serious about the subject matter.

You have stated complainant/victim. In order to make a complaint regarding a non-cognisable offence, the complainant should have a locus standii. A complainant may or may not have a locus standii. A victim may have a locus standii.

The proper course is in approaching the competent judicial magistrate.

Who will approach magistrate: complainant or police ?

After lodging the complaint with the police if the police is not responding properly then you may approach judicial magistrate concerned with a petition under section 173(3) BNSS seeking direction to the concerned police station to initiate proper legal action on your complaint. 

The judicial magistrate will then decide about taking cognizance or not based on the facts of the case and the supporting documents submitted by the complainant. 

If complainant approach judicial magistrate then any need to hire advocate or just simply give application to magistrate free of cost ?

No such information shall reach the Magistrate for a non-cognizable report registered by police.

There is no law that makes it mandatory to hire an advocate. If it is your own case and you feel you competent to represent yourself you can do so. You cannot represent another if you are not an advocate.