Complaint to Magistrate for FIR and Police Investigation under Section 175(3) BNSS

Police Station: ____________
District: ____________

IN THE MATTER OF:

Name of Complainant / Applicant
Age: ____ years
Address: ____________________________________________
...COMPLAINANT / APPLICANT

VERSUS

Name of Proposed Accused No. 1
Address: ____________________________________________

Other proposed accused, if any
...PROPOSED ACCUSED

APPLICATION UNDER SECTION 175(3) READ WITH SECTIONS 173 AND 210 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 SEEKING POLICE INVESTIGATION

AND, WHERE LEGALLY APPROPRIATE, ALTERNATIVE PRAYER TO PROCEED AS A COMPLAINT UNDER SECTIONS 210 AND 223 BNSS

MOST RESPECTFULLY SHOWETH:

1. The Applicant is a resident of ____________________________________________ and is competent to file the present application regarding the incident described below.

2. On date at about time, at place, the following incident occurred: state the facts chronologically, accurately and without unnecessary conclusions.

3. The role attributed to Proposed Accused No. 1 is: ____________________________________________. The role attributed to each additional proposed accused is separately stated as follows: ____________________________________________.

4. The incident was witnessed by names/details of witnesses, if any. The documents, electronic records, photographs, CCTV footage, messages, medical records or other material presently available are listed in the annexures.

5. The facts disclose commission of cognizable offence(s) punishable under applicable sections of BNS / special law. The Applicant relies on the factual allegations and requests the investigating agency and Court to apply the correct penal provisions in accordance with law.

6. On date, the Applicant gave information/complaint to the officer in charge of Police Station ____________ under Section 173 BNSS. A copy and proof of submission are annexed as Annexure A.

7. The information was not recorded / no effective action followed. Therefore, on date, the Applicant sent the substance of the information in writing and by post to the Superintendent of Police concerned under Section 173(4) BNSS. A copy and postal/electronic proof are annexed as Annexure B.

8. Despite the above statutory steps, state present status accurately: no FIR / no investigation / no meaningful action / response received.

9. Police investigation is necessary because material evidence requiring lawful investigative powers remains to be collected, including CCTV/device records/call records/bank records/site inspection/recovery/identification/forensic examination/other evidence.

10. The relevant witnesses include names/details, and the relevant locations/documents/devices include details.

11. The Applicant has not suppressed any material fact and has disclosed the following related complaint, FIR, civil case or other proceeding, if any: Nil / details.

12. This Hon'ble Court has territorial and subject-matter jurisdiction because state jurisdictional facts.

13. The application is supported by the accompanying affidavit as required for relief under Section 175(3) BNSS.

GROUNDS FOR POLICE INVESTIGATION

A. Because the allegations disclose cognizable offence(s) requiring investigation in accordance with law.

B. Because the Applicant has approached the police and thereafter the Superintendent of Police under Section 173(4), but effective investigation has not followed.

C. Because important evidence is not reasonably within the Applicant's private reach and requires lawful investigative powers.

D. Because preservation and collection of electronic/physical evidence may be time-sensitive.

E. Because an investigation by the competent police agency is necessary for a fair and complete ascertainment of the facts.

PRAYER

In view of the above, it is respectfully prayed that this Hon'ble Court may be pleased to:

a. consider the present application under Section 175(3) BNSS and, after compliance with the statutory procedure, direct investigation by the competent police agency in accordance with law;

b. direct preservation/collection of the specifically identified evidence where such direction is legally permissible and necessary;

c. in the alternative, if this Hon'ble Court considers the case appropriate for the complaint procedure rather than a direction for police investigation, proceed in accordance with Sections 210, 223 and other applicable provisions of the BNSS;

d. pass such other order as this Hon'ble Court may deem just and proper.

COMPLAINANT / APPLICANT

THROUGH COUNSEL

Advocate: ____________

Place: ____________
Date: ____________

AFFIDAVIT

I, name, aged about ____ years, son/daughter/spouse of ____________, resident of ____________________________________________, do hereby solemnly affirm and state:

1. I am the Applicant/Complainant in the accompanying application and am acquainted with the facts.

2. The statements of fact in paragraphs ____ to ____ are true to my personal knowledge and/or the records identified therein.

3. I submitted the complaint/information to Police Station ____________ on ____________ and thereafter approached the Superintendent of Police under Section 173(4) BNSS on ____________. The annexed copies and proof of transmission are true copies.

4. The present application is bona fide and has not been filed to harass any person or conceal a material proceeding.

5. The annexures are true copies of the documents/electronic records relied upon, subject to proof in accordance with law.

DEPONENT

VERIFICATION

Verified at ____________ on this ____ day of ____________, 20__, that the contents of this affidavit are true and correct to my knowledge and belief and nothing material has been concealed.

DEPONENT