Applicability of section 166a(c) ipc in cases where police refuse to register fir in cognizable case

The client should have a valid complaint containing the substantial evidence to establish cognizable offences.

If in case the police is refusing to take cognizance or to register the FIR or record the investigation, then the defacto complaint can put his grievances in writing while filing a petition under section 156(3) cr.p.c. seeking appropriate action against the erring police officer and to direct the investigation to be carried out through another IO.

Thanks for the prompt reply sir,

My doubt is regarding applicability of section 166A(C) IPC under such circumstances. What section would apply to the errant police officer refusing to register an FIR in Cognizable offence.

Because section 166A(C) of IPC, applies only to Cognizable offences falling u/s section 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, 509 of IPC. Because, generally section 166A of IPC is resorted to under such situation.

If  you are aggrieved by the acts of the police, you can very well give a complaint without mentioning any section of law.

The police will take care of the applicablity of the particular section of law if at all they entertain your complaint

Sir, 

I totally respect and agree with your views.

However, being an advocate, I am not able to satisfy myself as to what is the correct position of law with regards to applicability of section 166A(C) of IPC against police officer in Cognizable offences not falling u/s section 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, 509 of IPC.

I am sure that not every but many advocate friends would be going through this doubt.

This is a matter of trial. 

When the court will accept the case on its file,  you will come to know what is maintainable