Application to the Magistrate for an FIR direction (s.175(3) BNSS)

Asking the Magistrate to order the police to register an FIR.

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Not yet reviewed by a lawyer. Check every line before it is signed.

How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Judicial Magistrate First Class, Amarnagar

Meera Sharma wife of Shri Kabir Sharma, aged about 41 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Complainant

Versus

Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Proposed accused

APPLICATION UNDER SECTION 175(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Respectfully Showeth:

1.That on 15-08-2026 the proposed accused took ₹2,00,000 from the complainant promising a job in his firm, and has neither given the job nor returned the money

2.That these facts disclose cognizable offences. The complainant approached the police as follows, but no FIR was registered: a complaint to the SHO on 01-09-2026 and to the SSP Amarnagar on 15-09-2026.

3.That, as required by Section 175(3), read with Section 173(4), of the Sanhita and the Supreme Court's directions in Priyanka Srivastava v. State of U.P., this application is supported by the complainant's affidavit, and copies of the complaints made to the police are attached.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

Copies of your written complaint to the SHO and then to the SP or SSP by post, with the receipts or postal proof
Your affidavit supporting the application, sworn before the Oath Commissioner: the Magistrate does not act without it
Proof of what happened: the medical report (MLR), photographs, messages or documents, and the names and addresses of witnesses
The full names, fathers' names and addresses of the persons complained against
Your identity proof, and a vakalatnama in favour of your advocate, signed by you

Where to go

Filed through an advocate before the Judicial Magistrate who has jurisdiction over the police station; the Magistrate usually calls for the police officer's report before deciding.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

Go to the SHO first and then write to the SP (s.173(4)); the Magistrate expects copies of both.
The Magistrate may order an FIR, or instead treat it as a complaint and record your statement; the decision is the court's.
State only what you know yourself, with dates and places: a false complaint or affidavit is itself an offence.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.