Writ Petition Seeking Direction To Police To Register FIR Not Maintainable: Madhya Pradesh HC
The Madhya Pradesh High Court dismissed a Writ Petition that sought directions to authorities for registration of FIRs.
The Court was hearing a Writ Petition seeking issuance of Writ of Mandamus directing respondent no.2 to consider and decide the application/complaint of the petitioner produced in the light of the judgment of Apex court Lalita Kumar Vs. Govt. of U.P.
The bench of Justice G.S. Ahluwalia relied on the decision of the Supreme Court in the case of Divine Retreat Centre Vs. State of Kerala and Others reported in (2008) 3 SCC 542 and quoted, “It is altogether a different matter that the High Court in exercise of its power under Article 226 of the Constitution of India can always issue appropriate directions at the instance of an aggrieved person if the High Court is convinced that the power of investigation has been exercised by an investigating officer mala fide.…the High Court cannot direct the police as to how the investigation is to be conducted but can always insist for the observance of process as provided for in the Code…Even in cases where no action is taken by the police on the information given to them, the informant's remedy lies under Sections 190, 200 CrPC, but a writ petition in such a case is not to be entertained.”
Deputy Advocate General Swapnil Ganguly appeared for the Respondent/State.
It is the case of the Petitioner that he had approached the respondents for registration of FIR but no action was taken by them.
The Court considered whether a Writ Petition for direction to police to register FIR is maintainable or not.
The Court mentioned the decision of the division bench of Madhya Pradesh High Court in Shweta Bhadauria Vs. State of M.P. & Ors. where according to the Court it held that a Writ Petition for the purposes of directing the respondents to lodge the FIR is not maintainable and quoted, “The verdict of Apex Court in the case of Lalita Kumari Vs. Government of U.P. & Ors. reported in (2014) 2 SCC 1 does not pertain to issue of entitlement to writ of mandamus for compelling the police to perform statutory duty under Section 154 Cr.P.C without availing alternative remedy under Section 154(3), 156(3), 190 and 200 Cr.P.C.”
Accordingly, the Court dismissed the Petition with liberty to the petitioner to approach the Magistrate under Section 200 of Cr.P.C / Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023 for redressal of his grievance.
Cause Title: Ramsingh Thakur v. State of Madhya Pradesh
