Police Not Filing Your FIR? SP Complaint and the Magistrate Route, Step by Step

કાનૂની સમયમર્યાદા

પગલું-દર-પગલું: શું કરવું

1. 1

   Fix the refusal on paper

   Convert the verbal brush-off into evidence.

   વિગતો જુઓ→

   Submit your complaint in writing at the station and demand an acknowledgement (stamped copy or DD entry number). If they will not take it, note the date, time and officer name, and try a Zero FIR at another station. Many states also accept complaints on their police portal — the acknowledgement number proves you reported. This paper trail is what the SP and the Magistrate will act on.

2. 2

   Escalate to the Superintendent of Police

   Section 154(3) CrPC — now 173(4) BNSS — exists exactly for this.

   વિગતો જુઓ→

   Post your written complaint to the SP/Commissioner by registered post with acknowledgement, stating the offence facts and that the station refused registration. If satisfied a cognizable offence is disclosed, the SP investigates or orders a subordinate to register the FIR. Keep the postal receipt — the next forum asks for proof you exhausted this step. Simultaneously, a copy to the State Human Rights Commission or police complaints authority adds pressure in stubborn cases.

3. 3

   Apply to the Judicial Magistrate

   The court can order the police to register and investigate.

   વિગતો જુઓ→

   If roughly 15 days pass without action, file an application under Section 156(3) CrPC (now Section 175(3) BNSS) before the Judicial Magistrate having jurisdiction, attaching your complaint, the refusal evidence and the SP posting proof — BNSS now requires showing you used the SP route first. The Magistrate can direct FIR registration, or treat it as a complaint case and proceed on your evidence. This application is where an advocate genuinely earns their fee: drafting it to disclose the cognizable offence cleanly decides the outcome.

   અમે આ તમારા માટે કરીએ છીએ — ₹299 →
4. 4

   Know the pressure points

   Refusal to register is itself an offence and a service violation.

   વિગતો જુઓ→

   Deliberate failure to record information about a cognizable offence is punishable (Section 166A IPC, now Section 199 BNS — for certain offences), and the Supreme Court in Lalita Kumari made registration mandatory. Quoting the provision and the judgment, politely, at each stage often ends the matter early. For offences against women and children, refusal invites the harsher clause — mention it explicitly in the SP complaint.

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