My answers are as follows:
Can we file an FIR against my cousin brother and his wife directly or do we need to submit a simple complain to our local police station?
Ans: yes you can lodge complaint before police and take copy of FIR (First Inforamtion Report)> If they reject to issue FIR then you can lodge complaint under section 200 of CrPC directly before the Magistrate it is call private complaint case.
How a complaint is differs from an FIR?
Ans; If your complaint is received and acceted by the police and acted upon it then only police issue FIR. Thus both are different. Without registration of complaint there cannot be FIR.
Will the police register our FIR/complain? As we don’t have any evidence.
Ans: If the complaint discloses offenses then they have to receive, register and enquire and collect evidence, it is their duty.
We don’t have any CCTV footage or something like that to prove their (my cousin and his wife) atrocities.
Ans: Be informed that not every murder and rape never committed under CCTV. Police will investigate and bring evidence.
If the police don’t entertain us, what will be our further action?
Ans: The procedure is given below.
How and where to file a private complaint before the Magistrate court?
Ans: Through an advocate you have to file before the Magisntrate.
Can we file a case directly to the designated court without intervening the local police as the police personnel may not listen us?
Ans: yes, you can but then Magistrate refer your compliant for investigation under section 156(3) of CrPC
154 (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who,
156(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
Section 154 in The Code Of Criminal Procedure, 1973
154. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
156. Police officer' s power to investigate cognizable case.
(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.
Section 200 in The Code Of Criminal Procedure, 1973
200. Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re- examine them.