You can seek filing of FIR by approaching court under 175(3)BNSS

Dear Sir,

Section 175(3) BNSS (Magistrate-Directed FIR)

If police refuse FIR:

• Magistrate can order registration + investigation

• This bypasses SP & District Police entirely

Use this route immediately if not already done.

- If police is not responding your problem , then you can approach the Higher police officials 

- Further even if no positive response, then you can file a private complaint against him before the Judicial Magistrate in the Court 

- Further, as there is an FIR against you under the SC\ST Act , then you can file a quash petition before the High Court and where you can mentioned all the happenings . 

BEST IMMEDIATE REMEDY (STRONGEST)

File Petition under Section 482 CrPC / 528 BNSS before High Court

(Quashing + Transfer of Investigation)

Prayers should be:

1. Quash FIR under Sections 74 & 79 BNS as malicious counter-blast

2. Alternatively, transfer investigation to independent agency / different district

3. Direction to consider your CCTV, medical, RTI timeline evidence

4. Stay on coercive action

File private complaint before magistrate to direct police to investigate and file report 

You can file a Writ of Mandamus in the High Court if the police have failed to register your cross-FIR despite your complaints to the SP.

2) You can still file a writ seeking a transfer of investigation to an independent agency or for the High Court to monitor the investigation if you can prove police collusion

1. File an application under Section 175 of BNSS(equivalent to Section 156(3) CrPC).
2. Attach the original complaint, the postal receipt of your complaint to the SP (Section 173(3) BNSS), and an affidavit.
3. 
   The Magistrate can order the police to register the FIR and investigate your counter-allegations regardless of the pending SC/ST case against you. 
   

• File a Section 175 BNSS application for your cross-FIR before the Magistrate.
• Evidence Protection: File a Section 94 BNSS application in the trial court to ensure your CDR and medical evidence are placed on record.
• 
  Quashing Support: Amend your pending quashing petition to include the fact that the IO willfully suppressed the previous NGR guilty plea and other collected documents. 
  

Your immediate priority is to secure your liberty; hence, vigorously pursue the anticipatory bail in the High Court, explicitly arguing the FIRs are mala fide retaliations, supported by your evidence (CDR, cash memo, etc.). Simultaneously, file a comprehensive Writ Petition under Article 226 before the Calcutta High Court, as chargesheet quashing is a slow remedy. The writ can seek multiple reliefs: a directive for an impartial SIT/CID investigation into both the 2023 assault (and police inaction) and the new 2024 FIRs; mandamus to register your counter-FIR; and protection from further false implications. Highlight the police's refusal to accept evidence and the omission of the NCR where the assaulter pleaded guilty.

For the new 354/509 IPC FIR, immediately file for its quashing under Section 482 CrPC, citing it as a fabricated counter-blast to your complaints. Concurrently, file a private complaint under Section 200 CrPC before the Magistrate concerning the original 2023 assault and the subsequent conspiracy, presenting all your collected evidence. The Magistrate can then take cognizance and direct an investigation, bypassing the collusive local police.

Regarding the pending SC/ST Act case, apart from the quashing petition, file an application before the concerned Magistrate under Section 239 CrPC for discharge, arguing no prima facie case exists, especially with the assaulter’s SC certificate obtained later. Document every police interaction, seek acknowledgments for all complaints, and consider a complaint to the State Human Rights Commission or a representation to a higher police authority (DGP/Police Commissioner) detailing the district-wide bias. Chronologically, focus first on securing bail, then file the writ petition for overarching intervention, followed by the private complaint and specific quashing applications for each FIR.

If the police is reluctant to provide the relief to you as per law on the basis of your complaint, then you can approach the jurisdictional judicial magistrate court with an application under section 156(3) cr.p./175(3) BNSS. seeking direction to concerned police for legal action on  your complaint.

At the outset, you should understand one core principle:
Once a chargesheet is filed, investigation defects cannot be corrected by the police themselves; they can only be corrected by constitutional courts or by judicial supervision. This works in your favour.
On the pending SC/ST Act case and the quashing petition already filed in the Calcutta High Court:
You are right that the police are using the pendency of the SC/ST Act case to oppose bail and to justify further harassment. However, the pendency of a quashing petition does not bar you from invoking writ jurisdiction where there is continuing abuse of power, fabrication of cases, or refusal to register FIRs. The two remedies operate in different fields.
You should not withdraw or delay the existing quashing. Instead, you should strengthen it by filing a supplementary affidavit bringing on record:
The NCR where the original assaulter pleaded guilty and paid fine
The timing of the SC/ST FIR being lodged later for the same date
The absence of mandatory material (medical report, caste certificate on date of incident, CDR, etc.) in the case diary
The RTI replies showing suppression of documents
Courts take a very serious view when a complainant who pleaded guilty in an NCR later becomes an SC/ST Act “victim” for the same incident.
On the refusal of police to register FIRs on your complaints:
You have already exhausted Section 154(3) CrPC / BNSS equivalent by approaching the SP. Since that has failed, the next correct step is judicial, not administrative.
You have two parallel remedies, and you should pursue both:
Private complaint before the Magistrate
You should file a complaint under Section 223 BNSS (earlier Section 200 CrPC), supported by affidavit, documents, CCTV details, MLC, attendance register, internal departmental report, and witnesses.
This is crucial because once a Magistrate takes cognizance, the police lose monopoly over the narrative. The Magistrate can:
Order investigation under Section 225 BNSS (earlier 156(3)), or
Proceed with recording evidence and issuing process directly
Given the history of police collusion, you should specifically pray that investigation be done by an officer outside the local police station or by a specialised unit.
Writ petition under Article 226 before the High Court
Yes, writ jurisdiction is clearly maintainable even while quashing is pending, because your grievance is not only about one FIR but about:
Systematic refusal to register counter FIRs
Selective investigation
Retaliatory FIRs after RTI filings
Misuse of SC/ST Act as a pressure tactic
Ongoing intimidation and surveillance
In the writ, you should seek:
Direction for registration of FIRs on your complaints
Transfer of investigation to an independent agency / different district
Protection from coercive action except through due process
Direction that no further FIR be registered against you without prior approval of a senior officer or court (courts do grant such protective directions in exceptional cases)
On the new FIR under Sections 74/79 BNS:
Do not wait. Immediately file for anticipatory bail if not already done, and in parallel prepare a separate quashing petition for this FIR once the basic documents (FIR, notice, allegations) are clear.
False cases involving allegations by women are often neutralised when:
CCTV, CDR, contemporaneous records, and neutral witnesses exist
There is provable antecedent enmity and prior litigation
Timing shows retaliation (RTI on 19 Nov → police visit → FIR on 24 Nov)
On monitoring or court-supervised investigation:
Yes, in your case, monitoring is justified, but it should come from the High Court, not from the Magistrate alone. Monitoring prayers are best placed in the writ petition or quashing petition, not as standalone applications before the IO.
On protecting yourself from future false FIRs:
No one can completely prevent FIRs, but you can reduce damage and speed up relief by:
Keeping all communication in writing
Avoiding oral interactions with police
Immediately documenting every visit, call, or notice
Having counsel issue a representation putting the police on notice that harassment is being judicially challenged
Seeking a High Court direction that any future complaint against you be first examined at the level of SP/DCP
Chronologically, your safest legal path is:
Strengthen pending quashing with supplementary affidavit
File anticipatory bail / quashing for the new BNS FIR
File private complaint before Magistrate for your ignored complaints
File writ petition under Article 226 for systemic abuse, transfer of investigation, and protection
Seek consolidation or tagging of matters if possible to show the pattern
Your case is not weak on facts; it is suffering due to procedural suppression by the police. Courts are alert to this, especially when documentary evidence, RTI trails, and prior judicial proceedings exist.

The prosecution will always object to the bail application but that will not cause any distraction to the high court to grant you bail. 

The High Court can directly grant bail (including anticipatory bail) under the SC/ST Act, but typically only if the allegations in the FIR, on a prima facie (at first glance) assessment, do not disclose an offense under the Act, as Sections 18 and 18A generally bar anticipatory bail; otherwise, the accused must first approach the Special Court, which handles cases under the Act. The High Court retains inherent powers (under Section 482 CrPC) to grant relief when no genuine case is made out, preventing misuse, but it cannot conduct a detailed trial during bail hearings.

You can add the previous incident of the respondent pleading guilty in an earlier incident related to this case as one of the grounds for seeking bail. 

You first get enlarged on bail after which you can file a quash petition based on the documents in your possession and on merits. 

Second FIR under 74/79 BNS (new law) shows continuing harassment / counterblast and the  Courts treat this seriously if shown to be retaliatory

You should first file anticipatory bail for FIR under 74/79 BNS, any possible further FIR Purpose to Prevent arrest, to neutralise police pressure. 

You can file Section 482 CrPC / 226 Quashing Petition and challenge the FIR  or the charge sheet filed under SC/ST Act and new FIR (74/79 BNS).

You may add the grounds of abuse of process, suppression of exculpatory evidence, previous NGR case where the complainant pleaded guilty and the same was suppressed in the charge sheet, that no CDR / no medical evidence on alleged date and this is Mala fide & counterblast FIR besides ingredients of SC/ST Act not made out. 

You should first file anticipatory bail for FIR under 74/79 BNS, any possible further FIR Purpose to Prevent arrest, to neutralise police pressure. 

You can file Section 482 CrPC / 226 Quashing Petition and challenge the FIR  or the charge sheet filed under SC/ST Act and new FIR (74/79 BNS).

You may add the grounds of abuse of process, suppression of exculpatory evidence, previous NGR case where the complainant pleaded guilty and the same was suppressed in the charge sheet, that no CDR / no medical evidence on alleged date and this is Mala fide & counterblast FIR besides ingredients of SC/ST Act not made out. 

You should first file anticipatory bail for FIR under 74/79 BNS, any possible further FIR Purpose to Prevent arrest, to neutralise police pressure. 

You can file Section 482 CrPC / 226 Quashing Petition and challenge the FIR  or the charge sheet filed under SC/ST Act and new FIR (74/79 BNS).

You may add the grounds of abuse of process, suppression of exculpatory evidence, previous NGR case where the complainant pleaded guilty and the same was suppressed in the charge sheet, that no CDR / no medical evidence on alleged date and this is Mala fide & counterblast FIR besides ingredients of SC/ST Act not made out. 

You should first file anticipatory bail for FIR under 74/79 BNS, any possible further FIR Purpose to Prevent arrest, to neutralise police pressure. 

You can file Section 482 CrPC / 226 Quashing Petition and challenge the FIR  or the charge sheet filed under SC/ST Act and new FIR (74/79 BNS).

You may add the grounds of abuse of process, suppression of exculpatory evidence, previous NGR case where the complainant pleaded guilty and the same was suppressed in the charge sheet, that no CDR / no medical evidence on alleged date and this is Mala fide & counterblast FIR besides ingredients of SC/ST Act not made out. 

You can issue a  Legal Notice (Through Advocate)

To: The SP / DCP, , The Human Rights Commission, The SC/ST Commission (preemptively)

2.  File GD Entry / Representation, create records, 

3. Preserve the call logs, messages, witness affidavits and seek orders of high court to not to harass. 

There can’t be any immunity for registration of FIR against you but you can quash it if any false FIR is filed 

1. The "Paper Trail" 

• Send Evidence via Speed Post: Do not wait for the IO. Send your CDR, Cash Memo, and CCTV details to the IO and SP via Registered Post today. This proves they are "suppressing evidence" if they don't include it in the Case Diary.

2. Legal "Counter-Attack" (Magistrate Court)

• File a Section 175(3) BNSS Petition: Ask the Magistrate to order an FIR against the attackers and the police for Evidence Tampering/Collusion.

• File a Private Complaint (Sec 223 BNSS): This brings your Government Witnesses directly before the Judge, bypassing the biased police.

3. High Court Strategy

• Writ for Transfer: File a Writ Petition seeking a CID or Independent Inquiry, citing "Local Police Bias" and the Nov 20th CCTV "reconnaissance" by the police.

• Mention the "Counter-Blast": In your bail and quashing hearings, use the previous guilty plea of the assaulter to show the current FIR is malicious retaliation.

4. Police Accountability

• Complaint to Police Complaint Authority (PCA): File a complaint against the IO for refusing to accept documents and violating Section 94 BNSS procedures.

Dear client, as you are getting systematic police collusion and a series of retaliatory cases, your strategy must shift from the police station to the courtroom to ensure that your evidence is legally recorded. In chronological order, some steps to combat the present 74/79 BNS case and the pending SC/ST Act matter are as follows:

1. Immediate Action – Magistrate Court (Private Complaint): Do not wait for the Police. Lodge a Private Complaint under Section 223 BNSS (formerly Section 200 CrPC) against the irresponsible IO before the appropriate Magistrate Court. In the complaint, put all the evidence you have (CDR records, cash memos, attendance records, as well as the earlier NCR conviction). As the IO refused your request for evidence, specifically ask the Magistrate Court to monitor the investigation, or order a fresh investigation pursuant to Section 175(3) BNSS, which permits the whole process to be supervised by the Court on integrity grounds.
2. Addressing the Case of SC/ST Case and Grant of Bail: During the Anticipatory Bail proceeding in the High Court, your lawyer is to forensically present the NCR Judgment, in which the Assaulter had pleaded guilty on the very same date and incident. This would prove that the SC/ST Case filed is nothing but "Counter Blast" and Malicious. If the grant of bail is delayed, you can apply to Section 94 BNSS (previously Section 91 of the CrPC) in the very trial court to compel the production of the Case Diary as well as the missing Medical/SC certificates.
3. Invoking Writ Jurisdiction: You can certainly lodge a Writ of Mandamus before the Calcutta High Court at the district headquarters at Alipur, seeking relief under Article 226, while your quashing plea is pending before that very same court! In the writ, seek an order for an investigation into the matter by CID or another agency, as the district police is clearly biased against you. You may also lodge a 'mentioning memo' through your attorney, seeking early listing of your pending quashing petition, as fresh false FIRs are being registered against you!
4. Legal Precautions: For preventing false cases in FIRs, it is advisable to carry a GPS-enabled device or maintain a digital location history. As you are a government servant, you must maintain all cash transactions in a government servant's register, along with a second government servant's signature. If you sense more problems, you may write a letter, addressed via Registered Post, to your SP and Magistrate stating that you are being framed. The letter of "representation" is an essential defence in case of a further case being filed against you.

I hope this answer helps; if you have any further questions, please don't hesitate to contact us. Thank you.   

1. AB to be pursued

2. File 173(8) for further investigation 

3. File supplementary affidavit in pending quashing highlighting retaliation pattern 

4. Writ Petition 

5. Private Complaint