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How To Get FIR or Private Complaint Registered?

1. FIR is mandatory under CrPC 154, if the information discloses commission of a cognizable offence.
2. Read “Mandatory Registration of FIR- Supreme Court Guidelines” in a case of “LalitaKumariVs Govt. of U.P”
3. If a person has a grievance of cognizable offence and police is not registering FIR under Section 154 CrPC, then one can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing.
4. One can also take the help of Human Rights Commission even if higher official do not help you.
5. In COGNIZABLE OFFENCE: complaint before the magistrate can also be filed under CrPC 156 (3) who can order to register FIR and also conduct an investigation.
6. In ”Priyanka Srivastava v. State of U.P“ Hon’ble Supreme Court held as under:
“There has to be prior applications under Sections 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed.”
7. In NON-COGNIZABLE OFFENCE:A private complaint before the magistrate can also be filed under CrPC 200.

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THIS INFORMATION IS SUBJECT TO DISCLAIMER, TERMS & CONDITIONS OF MYNATION.NET AND SHOULD NOT BE TAKEN AS A LEGAL OPTION OR ADVICE. ALWAYS PURSUE ADVICE OF LAWYER PERTAINING TO YOUR SPECIFIC CASE OR LEGAL ISSUES.

 

Author : Nagraj Thadur

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