Once an order has been issued by a magistrate under Section 156(3) of the Criminal Procedure Code directing the police to register the FIR, it is the duty of the police to do so without any unnecessary delay. If the police fails to comply with the directions given by the magistrate, it may amount even to contempt of court. A period of three months is a long period to comply with the directions given by the magistrate, and it was the duty of the police to register the FIR promptly. If the police believes that the order given by the magistrate is legally incorrect, it may challenge the same before the higher courts. However, unless it does so, non-compliance with the orders of the magistrate can be taken seriously by the court and it may even invite action for contempt of court.
In view of this, you must bring it to the notice of the magistrate that its order has not been complied with by the police in spite of a period of about three months having elapsed since then. Once you bring it to the notice of the magistrate by filing an appropriate application or otherwise, it is up to the magistrate to take appropriate steps to get his order complied with by the police. You should not worry about antagonising the police or the court. If what you are doing is a lawful thing and it is justifiable too in the circumstances of the case, you should not worry about such issues even though it may appear to be an unpleasant thing to complain about an authority.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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