Application to Police for Fair Investigation – Format, Procedure & Sample Draft

Posted on May 9 by Suprajaa Rajan

A practical legal remedy to ensure that investigation is conducted objectively, impartially, and in accordance with law.

In criminal proceedings, the investigation forms the foundation of the entire case. Therefore, it must be conducted fairly, independently, and without bias. However, there are instances where the investigation may appear one-sided, influenced, delayed, or lacking in objectivity. In such situations, an affected person can submit an Application to Police for Fair Investigation to the concerned authorities.

This application serves as a formal request to ensure that the investigation adheres to statutory safeguards, constitutional principles, and established judicial standards.

I. Legal Framework Governing Investigation

The duty to conduct a fair investigation arises from both statutory provisions and constitutional mandates:

Under the Code of Criminal Procedure, 1973

Section 154 CrPC – Registration of FIR
Section 156 CrPC – Police power to investigate
Section 157 CrPC – Procedure for investigation
Section 173 CrPC – Submission of final report

Corresponding Provisions under BNSS, 2023

Section 173 BNSS – Information in cognizable cases
Section 175 BNSS – Power of police to investigate
Section 176 BNSS – Procedure for investigation
Section 193 BNSS – Final report

Additionally, the requirement of a fair investigation flows from Article 21 of the Constitution, which guarantees right to life and personal liberty.

II. What is an Application for Fair Investigation?

An application for fair investigation is a written representation submitted to police authorities requesting that:

Investigation be conducted objectively
Relevant evidence be properly considered
All parties be heard fairly
No undue pressure or influence be exercised
Proper procedure be followed

Importantly, this application does not interfere with investigation but seeks lawful and unbiased conduct of the process.

III. When Should You File This Application?

You may file this application when:

Investigation appears biased or one-sided
Your version is not being recorded
Important evidence is being ignored
There is undue delay in investigation
Police are acting under external influence or pressure
You are being harassed or targeted unfairly

Therefore, timely action helps ensure procedural fairness and accountability.

IV. Where Should You Submit This Application?

You can submit the application to:

Station House Officer (SHO)
Investigating Officer (IO)
Superintendent of Police (SP)
Deputy Commissioner of Police (DCP)
Senior supervisory authorities

In serious cases, the issue may also be raised before the Magistrate.

V. Why is This Application Important?

Filing this application helps to:

Create a formal record of grievance
Ensure compliance with legal procedure
Prevent miscarriage of justice
Strengthen future remedies (quashing, discharge, trial defence)
Demonstrate cooperation with the investigation

Thus, it becomes a strategic safeguard in criminal litigation.

VI. Essential Elements of the Application

Before drafting, you should include:

Details of FIR or complaint
Name and designation of police authority
Clear narration of grievance
Specific instances of unfair conduct
Request for impartial investigation
Undertaking to cooperate

These elements ensure the application is structured, clear, and effective.

VII. Drafting Strategy

While drafting:

Maintain a respectful and professional tone
Focus on facts, not allegations or emotions
Avoid making personal accusations
Clearly request fair and unbiased investigation
Support claims with documents where possible

This enhances the credibility and seriousness of the application.

VIII. Sample Draft Format – Application to Police for Fair Investigation

Sample Draft – Application for Fair Investigation

To
The Station House Officer / Superintendent of Police
[Police Station / District]
[City]
Subject: Application Seeking Fair and Impartial Investigation
Respected Sir/Madam,
I respectfully submit that I am concerned with the investigation in FIR No. [____] registered at [Police Station].
It is submitted that the investigation in the present matter is not being conducted in a fair and impartial manner.
My version of facts has not been properly recorded and relevant material evidence submitted by me has not been duly considered.
Further, certain aspects of the case are being overlooked, which may affect the fairness of the investigation.
I respectfully submit that I am a law-abiding citizen and am willing to fully cooperate with the investigation.
I therefore request that necessary directions may kindly be issued to ensure that the investigation is conducted fairly, objectively, and in accordance with law.
I request that my representation be taken on record and considered appropriately.

Thanking you.

Yours faithfully,
[Name]
[Address]
[Contact Details]
[Signature]
Date: [____]
Place: [____]

IX. Common Mistakes to Avoid

Avoid:

Making vague allegations without specifics
Using aggressive or accusatory language
Failing to mention concrete instances
Not supporting claims with documents
Ignoring proper authority hierarchy

Instead, focus on clarity, documentation, and procedural correctness.

Conclusion

An Application to Police for Fair Investigation is, thus, an essential tool to ensure that criminal proceedings are conducted with integrity, impartiality, and adherence to law. Therefore, by proactively raising concerns and placing them on record, a person can safeguard their rights and promote a just investigative process.

Index of All Legal templates and Drafting is here.

Disclaimer

These templates are provided for educational and informational purposes. Every case depends on specific facts and procedural posture. Professional legal advice should be obtained before filing any application.

Key Contributor :

Mrs.Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Posted on May 1, 2022 by ShadesOfKnife

A Full bench of Allahabad High Court held that, an order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397′

In view of the discussion above and for the reasons which we have furnished, we have come to the following conclusion:
(i) Before the Full Bench of this Court in Father Thomas, the controversy was whether a direction to the police to register a First Information Report in regard to a case involving a cognizable offence and for investigation is open to revision at the instance of a person suspected of having committed a crime against whom neither cognizance has been taken nor any process issued. Such an order was held to be interlocutory in nature and, therefore, to attract the bar under sub-section (2) of Section 397. The decision in Father Thomas does not decide the issue as to whether the rejection of an application under Section 156 (3) would be amenable to a revision under Section 397 by the complainant or the informant whose application has
been rejected;
(ii) An order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397; and
(iii) In proceedings in revision under Section 397, the prospective accused or, as the case may be, the person who is suspected of having committed the crime is entitled to an opportunity of being heard before a decision is taken in the criminal revision.

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Citations : [2015 ALLMR CRI 129], [2014 JIC 3 930], [2015 ALLCC 88 1], [2014 UPLBEC 4 2665], [2014 KLT SN 4 109], [2014 CTC 6 353], [2014 AIR ALL 214], [2014 ADJ 8 439], [2015 CCR ALL 2 59], [2015 RCR CRIMINAL 1 414], [2014 SCC ONLINE ALL 11859], [2014 MWN CRI 3 161], [2014 ALL LJ 6 405]

Other Sources :

https://indiankanoon.org/doc/128706736/

https://www.casemine.com/judgement/in/56b49301607dba348f003b58

Commercial Toyota Vs State of Uttarakhand and Anr on 31 Jul 2019

Posted on April 9, 2022 by ShadesOfKnife

A Single judge bench at Uttarakhand High Court held that non-filing of supporting affidavit in a 156(3) CrPC application, seeking registration of a FIR, is a curable defect and Magistrate may ask the petitioner to file the affidavit before initiating proceedings in the said application.

From Para 10,

10. The main controversy, which is being raised by the learned counsel for the revisionist, was the necessity to file an application under Section 156(3), which has had to be supported by an affidavit as it has been provided by the judgment of the Hon’ble Apex Court in Priyanka Srivastava’s matter (supra). The said judgment had a very laudable purpose and object to be achieved that the invocation of Section 156(3), should not be made by the applicant to adopt it as a matter of drawing a farce proceeding against the accused person or for vengeance of personal grievances. The intention and purpose which the judgment wanted to postulate to be adhere to by the Magistrates before whom the applications are filed for taking cognizance of the offence complained of invoking Section 156(3) has had to have an assurance that the factual narration of fact given in the application attaches a sanctity to it and is not based on a frivolous set of allegations. That is why the Hon’ble Apex Court has held that when the application under Section 156(3) is considered by the Court that its the Magistrate concerned, it also castes a duty on the Magistrate himself to ensure that the application preferred under Section 156(3) is authentic and genuine and in order to attach that authenticity, it has been laid down that the application has to be supported with an affidavit.

From Para 12,

12. The very observation made in paragraph 30 (as quoted above) of the judgment of the Priyanka Srivastava’s case (supra) where a responsibility has been shouldered on the Magistrate with regards to the propriety of the application to be supported by an affidavit, i.e. the stage when the proceedings are initiated that in itself makes the defect of the application being supported by an affidavit as to be curable in nature because if an application is not supported by an affidavit and is rejected, it may in a particular circumstance result into depriving of a right of a citizen to invoke the proceedings of Section 156(3) and in these circumstances the Court or the Magistrate can always direct the applicant to file an affidavit in support of his application under Section 156(3) so as to make it maintainable before the Court. If that defect of application under Section 156(3) not being supported with affidavit, is made as an uncurable, it may at times in some cases be giving superior hard to the Magistrate to deprive the applicant of filing application under Section 156(3) by rejecting the same on this procedural ground itself.

From Para 13,

13. In the present case a very peculiar circumstance has emerged the peculiarity is that the revisional court has remitted the matter back to the Trial Court to decide the application afresh. Deciding afresh would mean its at an stage of inception and consideration of the proceedings right from its initial stage, as if it is being entertained for the first time. On revival of the proceedings the Court can always in the light and the spirit enunciated in paragraph 30 of the judgment can direct the applicant (revisionist herein) to support his application along with an affidavit to make it entertainable before the Magistrate concerned. Hence, this Court is of the view that filing of an affidavit in support of Section 156(3) application is curable, in the light and spirit of the observation made in paragraph 30 of the Judgment of Priyanka Srivastava’s case (supra).

Commercial Toyota Vs State of Uttarakhand and Anr on 31 Jul 2019

Citations: [2019 SCC ONLINE UTT 749]

Other Sources :

https://www.casemine.com/judgement/in/5d919982714d587fe94d9e28

Utt HC | Non-filing of affidavit along with the application under S. 156(3) of CrPC held to be a curable defect

CrPC 156(3) Judgments

Posted on April 7, 2022 by ShadesOfKnife

Here is a collection of judgments pertaining to utilization of CrPC 156(3).

Suresh Chand Jain Vs State of Madhya Pradesh and Anr on 10 Jan 2001 [SCI: The Complainant need not be examined on Oath by the Magistrate in an application under Section 156 (3) of Cr.P.C.]
Sakiri Vasu Vs State of U.P. and Ors on 7 Dec 2007 [SC: Magistrate has power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police; Sequence is 154(1), then 154(3) and then 156(3)]
Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014 [All HC: An order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397]
Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015 [SCI: Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate; affidavit was mandatory in order to attach propriety and genuineness to the application preferred under Section 156 (3) of CrPC, it was ought to be supported with an affidavit so as to justify the set of allegations]
Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016 [All HC: Costs imposed on police for not filing FIR despite Orders u/s 156(3)]
Commercial Toyota Vs State of Uttarakhand and Anr on 31 Jul 2019 [Uttarakhand HC: Non-filing of affidavit along with the application under S. 156(3) of CrPC held to be a curable defect]
Om Prakash Sharma Vs State of MP on 25 Mar 2021 [MP HC: Follow Sakiri Vasu, 154(1), 154(3) and 156(3) Cr.P.C.]
MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 [SCI: There is no scope for examining the complainant (or any witnesses) in a 156(3) CrPC proceeding, since that stage is pre-cognizance of any cognizable offence]
Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 [SC: Relying on Priyanka Srivastava decision, Supreme Court added that Magistrate has to hear the reasons for refusal to register FIR from IO before passing orders u/s 175(3) BNSS or 156(3) Cr.P.C.]
Anurag Bhatnagar Vs State (NCT of Delhi) on 25 Jul 2025 [SC: Follow Sakiri Vasu, 154(1), 154(3) and 156(3) Cr.P.C.]

Go to All Protection from Police High-handedness

Lingam Seetharammayya and Ors Vs State of AP and Ors on 16 Mar 2021

Posted on April 5, 2021 by ShadesOfKnife

Single-judge bench of AP HC held that, one cannot directly approach the High Court u/Article 226 of Constitution of India, if the Police do not register an FIR if information about a cognizable offence is reported relying on the case law from AP HC here.

The remedies are under Section 154(3), 156(3) and Section 190 r/w.Sec.200 of Cr.P.C.

Lingam Seetharammayya and Ors Vs State of AP and Ors on 16 Mar 2021

CrPC 156 – Police officer’s power to investigate cognizable case

Posted on July 6, 2018 by ShadesOfKnife

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

154 CrPC is here. 155 CrPC is here. 190 CrPC is here.

Shades of Knife

True Colors of a Vile Wife

Tag: CrPC 156 – Police Officer’s Power to Investigate Cognizable Case

Application to Police for Fair Investigation – Format, Procedure & Sample Draft

I. Legal Framework Governing Investigation

Under the Code of Criminal Procedure, 1973

Corresponding Provisions under BNSS, 2023

II. What is an Application for Fair Investigation?

III. When Should You File This Application?

IV. Where Should You Submit This Application?

V. Why is This Application Important?

VI. Essential Elements of the Application

VII. Drafting Strategy

VIII. Sample Draft Format – Application to Police for Fair Investigation

Sample Draft – Application for Fair Investigation

IX. Common Mistakes to Avoid

Conclusion

Disclaimer

Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014

Commercial Toyota Vs State of Uttarakhand and Anr on 31 Jul 2019

CrPC 156(3) Judgments

Lingam Seetharammayya and Ors Vs State of AP and Ors on 16 Mar 2021

CrPC 156 – Police officer’s power to investigate cognizable case