If the Police Officer or officer in charge refuses to register a first information report about commission of a cognizable offence within his territorial jurisdiction under Section 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint.
Complaint to Judicial Magistrate
If even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter. The Informant can file a Complaint under Section 200 CrPC.
As Per Section 200 of Criminal Procedure Code (200. Examination of complainant), A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re- examine them.
As per Section 156(3) any Magistrate empowered under section 190 may order such an investigation.
Section 156 in The Code Of Criminal Procedure, 1973
156. Police officer' s power to investigate cognizable case.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
Sample format of Complaint to Chief Metropolitan Magistrate under Section 200 CrPC for Police Investigation is given below:
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT _________
COMPLAINT CASE NO. __________ OF 20__
(Affix Court Fee stamp of Rs. ___)
IN THE MATTER OF:
Police Station _________
COMPLAINT UNDER SECTION 200 READ WITH SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE FOR REGISTRATION OF FIR UNDER SECTION 323 AND 506 OF INDIAN PENAL CODE
THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY SHOWETH:
1. That the complainant is a law abiding citizen of India. The Complainant is a resident of Flat No____ in the ___________ area.
2. The Accused named above is the neighbor of the Complainant. Both houses are situated near to each other.
3. That the Complainant and Accused has separate parking spaces in front of their house. But the accused most of the time park one of their vehicle in the Parking space of Complainant and other Vehicle in his Parking Space.
4. That on _____ at about ____ 6.00 PM the Complainant reached home from his office and found that the accused parked his car in front of the house of Complainant. The Complainant went to the House of the accused to make him humble request to park his car in some other place as regularly he is causing in convenience to the Complainant. The Accused came out of his house with a stick and challenged the Complainant. The Complainant tried to pacify him, but he abused the Complainant. The Complainant objected to the abuses being burled by the accused. The accused then gave complaint 3 blows on complainant's leg by using the stick in his hand. As a result, the Complainant received abrasions. The accused then criminally intimidated the Complainant with dire consequences in case complainant ever again visited him with such complaint or reported the matter to the Police.
5. That the occurrence was witnessed by Mr. _____________ and Mr. ____________, neighbors in the locality.
6. That the Complainant went to the Police station at _______________ to
report the matter, but report was not registered. Complainant went to the
Government hospital and got dressed his injuries. Copy of Complaint given to
the Police Station at _____ on _____ is attached herewith as Annexure A.
7. That the Complaint had Complaint to the Senior Superintendent of Police by sending his Complaint by Registered Post. Even then, no action has so far been taken against the accused. Copy of Complaint sent to the Senior Superintendent of Police at ______ on ______ is attached herewith as Annexure B.
8. That the Accused has criminal record and he is of quarreling nature. FIR No_____ dated _________ and FIR No __________ dated has been filed by Mr. __________ another neighbor of the accused in earlier occasions. Copy of FIR No _________ and FIR No______________ dated ________ filed by Mr. ___________ is attached herewith as Annexure C.
9. Under this Circumstances, the Complainant Prays for legal action against the Accused.
P R A Y E R
In view of the aforesaid submission made here in and in the interest of the
justice, it is therefore most respectfully prayed that this Hon'ble Court
may graciously be pleased to:
1) Register the present complaint.
2) Take cognizance of the offence, as the contents per-se amount to commission of offences, as indicated above, without anything more.
3) Summon try and punish the accused person for committing the offences under section 323 and 506 of the IPC.
4) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
Annexures to be attached with the Complaint
1. List of witness to be examined with name and address
2. Photograph of Complainant with Injuries
3. Medical Certificate issued by the CMO of Government Hospital
4. Copy of FIR No _________ and FIR No______________ dated ________ filed by Mr. ___________.
5. Copy of Complaint given to the Police Station at _____ on _____
6. Copy of Complaint sent to the Senior Superintendent of Police at ______ on ______
7. Any other relevant document related to the incident.
Power of Attorney
Suits under Code of Civil Procedure
Format of Suit for Compensation for death due to negligence or physical disability due to negligence of others. The Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction