abdul raoof (accountant) 06 June 2018
Raghav Arora 06 June 2018
Hi! Thanks for the question! It is your right to get an FIR registered for a cognizable offence and duty of a police officer to register the same on your application. The offence here is cognizable, so it is a green light for you.
Secondly, the options that you have here would be -
1. Approach a superior - If the officer in charge refuses to register an FIR about the commission of a cognizable offence within his territorial jurisdiction under Sec. 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. If, after analysing the complaint he is satisfied that the complaint discloses a cognizable offence, he may even investigate the case himself or give directions to his subordinate to register the FIR and initiate an investigation in the matter.
2. Approach a 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 or Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police.
After this the court will proceed in the court accordingly and the accused persons will be served with the summons from the court to force an appearance for the trial.
The expenses in the initial stages are not negligible, however, the real expense would be the fee charged by your lawyer which cannot be ascertained.
I hope this helps you. Feel free to ask questions if any! Good Luck!
{Balu manikantan} SUBRAMANYAM (Practising Advocate) 07 June 2018
FIRST MEET THE HIGHER AUTHORITIES LIKE SP OR DCP, EVEN IF THEY FAIL TO REGISTER THE FIR THEN APPROACH A CRIMINAL LAWYER TO FILE A PRIVATE COMPLAINT.