Registration of FIR under section 156(3) CrPC

If the Superintendent of police also refuses to register the FIR or if he registers the FIR but is not conducting the investigation properly then the aggrieved person can move to the court under section 156(3) of CrPC and can ask the court to order the police to register his FIR and conduct the investigation properly.

The person can approach the court even in cases where he believes that the police is not conducting the investigation properly. In Dilawar Singh v State of Delhi,  the court held that even if the FIR is registered and police is conducting the investigation, if the aggrieved party believes that proper investigation is not conducted by the police, he can approach the court under section 156(3) CrPC and if the court is satisfied then it can order proper investigation and take necessary actions to ensure that proper investigation is taken place.

The court can also order to resume the investigation even after the police has submitted the final report.

However, it is a discretionary power of the court which means that it is not necessary that the court will order police to register the FIR. If the court is satisfied that there are reasonable grounds for the registration of FIR only then it will order for registration of FIR.

However, it is always preferred to register your FIR after consulting with your legal adviser as he can understand the complexities of the case. If you file an FIR without consulting your legal adviser there will be something in the FIR that can be used against you in the future.

We here at Chaklan and Associates provide assistance in helping you lodge your grievances in court of law.