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WHAT OPTIONS DOES THE COMPLAINANT HAVE IF THE POLICE DOES NOT REGISTER A COMPLAINT?

Once the Police failed to register a Complaint, the Complainant can send his Complaint reduced in writing to the Superintendent of Police / Commissioner of Police and / or he can escalate the matter with the higher officials next to the rank of Station House Officer / Inspector of Police.

Even after escalating the matter with the higher Police Official, should the Complainant failed to receive desired remedy, he has the option to institute a Complaint before the jurisdiction Court under Section 156[3] of Cr. P. C. against the Respondent Police to direct the latter for registering an FIR against the committer of offence.

The Complainant can also exercise the option of directing the Respondent Police under Section 482 of Cr.P.C. by approaching the High Court of his State. However, certain High Courts are against of the Petitioners directly approaching them. The High Courts are advocating Petitioners to first exhaust all available options to them under Code of Criminal Procedure, 1973, such as approaching the Trial Court under Section 156[3] of Cr.P.C.

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