The High Court disposed of a writ petition seeking direction to police for lodging an FIR without formal FIR. The court directed the petitioner to approach the learned court under Section 156(3) Cr.P.C. for relief instead.
Writ petition disposed; petitioner directed to approach learned court under Section 156(3) Cr.P.C.
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Neutral Citation No. - 2023:AHC:165153
Court No. - 80
Case :- CRIMINAL MISC. WRIT PETITION No. - 11952 of 2023
Petitioner :- Manoj Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- K.C. Mishra Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The present writ petition under Article 226 of the Constitution of India has been moved by the petitioners with following prayers:
I. Issue a writ order or direction in the nature of mandamus commanding to respondent no. 3 to ensure the compliance of endorsement order passed by respondent no. 2 dated 12.7.2023 on the application of petitioner, in Diary No. 15396 within a very stipulated time.
II. Issue a writ order or direction to the nature of mandamus and directing to the respondent no. 3 to take an effective and positive action on the application of petitioner.
It is submitted by learned counsel for petitioner that he moved an application before the concerned S.H.O. for lodging the F.I.R. while narrating the facts of the case but no F.I.R. was lodged by him as a result he filed an application before the Additional Commissioner of Police by which the Additional Commissioner of Police directed the S.H.O. to make an inquiry in the matter and take necessary steps even though no F.I.R. was lodged, therefore, he seeks direction to the Additional Commissioner of police/ S.H.O. concerned to lodge the F.I.R. on the basis of application moved by the petitioner before the S.H.O. and in pursuance of direction as passed by the Additional Commissioner of Police.
Learned A.G.A. opposed the prayer and contended that in this case as per provisions under Section 154 Cr.P.C. the petitioner was required to move an application before the S.S.P./Additional Commission of Police either by registered mail or by himself in
pursuance to which he moved an application before the Additional Commissioner of Police who passed the appropriate order but no order for lodging the F.I.R. was passed by him. It is further contended that the petitioner has an alternative remedy to move an application before the learned Magistrate, having jurisdiction under Section 156(3) Cr.P.C., in this regard who will pass appropriate order regarding registration/investigation of the case or he may file a complaint under Section 200 Cr.P.C. also. In such a situation, this writ petition under Article 226 Cr.P.C. cannot be entertained.
On considering the facts and circumstances of the case, submissions made by learned counsel for petitioner as well as learned A.G.A. for the State, it is appropriate to direct the petitioner that if he is aggrieved with S.H.O./ Additional Commissioner of Police for not lodging F.I.R., he may approach the learned court concerned under Section 156(3) Cr.P.C. and move an application with his submissions which will be taken into consideration by the learned court in accordance with law and appropriate order be passed.
Accordingly, this writ petition is disposed of finally.
Order Date :- 17.8.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition seeking mandamus for lodging FIR can be entertained when the petitioner has an alternative remedy under Section 156(3) Cr.P.C.
3 provisions across 2 enactments
Manoj Kumar Pandey
State Of U.P.
Subhash Chandra Sharma
Anurag Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
