Made under: BNSS s.175(3) (CrPC s.156(3))
Application to the Magistrate under s.175(3) BNSS (s.156(3) CrPC) — when the police refuse to register an FIR
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The day you handed the written complaint to the police station or the bank.
The date printed on the registered-post receipt. This is the date the court looks for.
The document
In the Court of the Learned Judicial Magistrate First Class / Chief Judicial Magistrate, ________________
Miscellaneous Application No. ................ of ................
________________
son/daughter/wife of Shri ................
resident of ________________ ...... Applicant
versus
The State, through the Station House Officer, Police Station ________________ ...... Respondent
APPLICATION UNDER SECTION 175(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 [SECTION 156(3) CrPC], FOR A DIRECTION TO REGISTER AN FIR AND INVESTIGATE.
Made under: Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 [formerly Section 156(3) of the Code of Criminal Procedure, 1973].
** SECTION 173(4) BNSS [154(3) CrPC] COMES FIRST — THIS ORDER CANNOT BE SKIPPED **
Applications under Section 175(3) BNSS [156(3) CrPC] are most often rejected for exactly one reason: the applicant went to the police station under Section 173(1) and then straight to the Magistrate. In Priyanka Srivastava v. State of Uttar Pradesh, (2015) 6 SCC 287, the Supreme Court held that an application under Section 156(3) must be supported by an affidavit and must show that the applicant has first exhausted the remedies under Sections 154(1) and 154(3). Section 175(3) BNSS now says the same in the statute itself — the Magistrate is to order an investigation only after considering an application supported by an affidavit made under Section 173(4).
The applicant respectfully submits:
1. The applicant is ________________, resident of ________________, mobile ________________.
2. On ________________ the following happened to the applicant, and it discloses a cognizable offence:
________________
3. On ________________ the applicant gave written information about it to the Station House Officer, Police Station ________________. No FIR was registered on it. (Annexure-1)
4. Thereafter, on ________________, the applicant sent a complaint by registered post to the Superintendent of Police, ________________, under Section 173(4) BNSS [s.154(3) CrPC]. A copy of that complaint and the postal receipt are annexed. (Annexure-2)
5. To date neither has an FIR been registered nor has any investigation begun. The applicant has therefore exhausted both the remedies under Sections 173(1) and 173(4) BNSS [ss.154(1) and 154(3) CrPC], and no course is left open except to approach this Court.
6. This application is supported by the affidavit of the applicant, annexed herewith.
PRAYER: It is therefore prayed that this Court be pleased to direct the Station House Officer, Police Station ________________, under Section 175(3) BNSS [s.156(3) CrPC], to register an FIR on the facts stated above and to investigate the same in accordance with law.
Applicant
________________
________________
Place: ________________
Date: ________________
Enclosures: as per the list attached.What to attach
- The applicant's affidavit, duly sworn. After Priyanka Srivastava this is not optional.
- Annexure-1: a copy of the BNSS s.173(1) (CrPC s.154(1)) complaint to the SHO, and its receipt.
- Annexure-2: a copy of the BNSS s.173(4) (CrPC s.154(3)) complaint to the SP, with the postal receipt and tracking.
- Annexure-3: the documents you rely on.
- A vakalatnama, if you are filing through an advocate.
- As many sets as there are respondents, plus one for the court.