Alternatives available if FIR has not been registered by the Police
A complaint can be filed for cognizable offence by any person either orally or in writing with an officer in charge of a police station and such complaint be entered in a book to be kept by such officer in such forms as prescribed as per Section 154 (1) of Code of Criminal Procedure, 1973 – First Information Report or FIR.
Section 154(1). Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf’
Alternatives available to a person if FIR has not been registered by the Police
Alternative 1 – If the concerned authority of the police station is not willing to register the FIR for cognizable offence as mentioned above then one can approach to the Superintendent of Police (S.P) under Section 154(3) of Code of Criminal Procedure read with Section 36 to register the FIR.
Section 154 (3). Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
36. Powers of superior officers of police. Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.
Alternative 2 – If the FIR is not getting registered one can also to go to Judicial Magistrate Class I under Section 156(3) of Code of Criminal Procedure by filing an application to direct the police to register the FIR.
Section 156(3). Any Magistrate empowered under section 190 may order such an investigation.
Alternative 3 – One can also directly make a complaint under Section 200 of Code of Criminal Procedure read with Section 190(1)(a) of Code of Criminal Procedure to the Judicial Magistrate Class I. In this case there is no need to register the FIR, the Magistrate will directly take the cognizance and proceed with the case.