When SHO Refuses to Register Your FIR — Lalita Kumari Rule + RTI

The Constitution Bench in Lalita Kumari v. Government of UP (2014) 2 SCC 1 settled the law: when information disclosing a COGNISABLE offence reaches an SHO, registration of FIR under §154(1) CrPC is mandatory. Preliminary inquiry permitted ONLY in 7 narrow categories — and even there, must conclude in 7 days. If SHO refuses, you have a 3-step legal remedy: (1) §154(3) complaint to SP in writing, (2) §156(3) Magistrate complaint, (3) parallel RTI to SP for the SHO's reasoning. This guide gives you the exact templates + escalation ladder + IPC §166A which makes the SHO personally liable up to 2 years' rigorous imprisonment.

Reviewed on: 23 April 2026.

If SHO refuses, write to the Superintendent of Police (SP) of the district. Send by Registered Post + email + walk-in copy.

To: The Superintendent of Police, [District].

Subject: Complaint under Section 154(3) CrPC — non-registration of FIR
         on cognisable offence at PS [NAME]

Sir/Madam,

I had reported a cognisable offence — [BRIEF DESCRIPTION OF OFFENCE
AND IPC SECTIONS] — at Police Station [NAME] on [DATE] vide my written
complaint dated [DATE], copy enclosed. The SHO has refused to register
an FIR.

Under Lalita Kumari v. Government of UP (2014) 2 SCC 1 — Constitution
Bench — registration of FIR upon information disclosing a cognisable
offence is mandatory under §154(1) CrPC.

I therefore request you to direct the SHO to register the FIR forthwith
and proceed with investigation.

Should this remedy fail, I reserve the right to (a) approach the
Magistrate under §156(3) CrPC, (b) initiate criminal proceedings under
§166A IPC against the SHO for refusing to record information of a
cognisable offence (punishable with rigorous imprisonment up to
2 years + fine).

A parallel RTI is being filed for the SHO's recorded reason, if any.

Yours faithfully,
[Name]
[Address, mobile]
Date: [Today]
Enclosure: Copy of original complaint dated [DATE]

If SP also fails, file complaint petition under §156(3) CrPC to the jurisdictional Magistrate seeking direction for FIR registration.

IN THE COURT OF THE LEARNED JUDICIAL MAGISTRATE [CLASS],
[DISTRICT]

Crl. M.P. No. ____ of 2026

[Your name] ……… COMPLAINANT
                                    Vs.
[Name of accused — if known, else "Unknown person/s"] ……… ACCUSED

PETITION UNDER SECTION 156(3) CrPC SEEKING DIRECTION FOR REGISTRATION
OF FIR AND INVESTIGATION

The Complainant respectfully submits:

1. The Complainant is [brief identification].

2. On [DATE], the Complainant reported the following cognisable
   offence to the SHO of PS [NAME] in writing — copy enclosed:
   [DETAILED FACTS OF OFFENCE].

3. The above facts disclose a cognisable offence punishable under
   Sections [IPC sections].

4. Despite the mandatory registration requirement laid down by the
   Constitution Bench in Lalita Kumari v. Government of UP (2014)
   2 SCC 1, the SHO has refused to register an FIR.

5. Subsequent representation under §154(3) CrPC to the SP dated
   [DATE] (enclosed) has also borne no result.

6. The Complainant has no other adequate remedy except by way of
   the present petition under §156(3) CrPC.

PRAYER

The Complainant respectfully prays that this Honourable Court be
pleased to:

a) Direct the SHO of PS [NAME] to forthwith register an FIR on the
   complaint dated [DATE] and proceed with investigation in accordance
   with law.

b) Take such other action as may be deemed just and necessary in
   the facts and circumstances of the case.

VERIFICATION

I, [Name], the Complainant above-named, do hereby verify that the
contents of the present petition are true to my personal knowledge.

Signed at [Place] this [date].

[Signature]
COMPLAINANT
[Through Advocate, if applicable]

To:
PIO, Office of SP, [District].

Subject: RTI — non-registration of FIR on complaint dated [DATE]

Under the RTI Act, 2005:

1. Daily Diary entry made at PS [NAME] on [DATE] in respect of my
   complaint.
2. The reason recorded by the SHO for not registering FIR
   (preliminary inquiry under Lalita Kumari para 120.6 / decision
   that no cognisable offence is disclosed).
3. Copy of any preliminary inquiry conducted, with findings.
4. Action taken on my §154(3) complaint to SP/DCP dated [DATE], with
   reasons recorded.
5. Name, designation of SHO and supervising Inspector at the time.
6. Number of similar non-registrations at this PS in the last 12
   months and the SP's monitoring action.

Rs. 10 IPO enclosed.

Added by Criminal Law (Amendment) Act 2013, §166A IPC makes a public servant who fails to record information of a cognisable offence (or fails to investigate) punishable with rigorous imprisonment 6 months - 2 years + fine. This is a strong stick — cite it in the §154(3) representation.

1. Matrimonial / family disputes
2. Commercial offences
3. Medical negligence
4. Corruption cases
5. Cases with abnormal delay (3+ months) in reporting
6. Where the information is suspect on its face
7. Where verification of jurisdiction / ingredients is needed

In ALL OTHER cases, FIR registration is mandatory.

• Lalita Kumari v. Government of UP (2014) 2 SCC 1 — Constitution Bench; FIR registration mandatory.
• Sakiri Vasu v. State of UP (2008) 2 SCC 409 — Magistrate has power under §156(3) to direct FIR registration + investigation.
• Vinubhai Haribhai Malaviya v. State of Gujarat (2019) 17 SCC 1 — Magistrate's continuing supervision of investigation.
• State of Haryana v. Bhajan Lal (1992) Supp(1) SCC 335 — categories where FIR can be quashed.

• How to Get an FIR Copy — §154(2) and RTI
• AI RTI Drafter
• RTI Appeal Guide

Last reviewed: 23 April 2026.