Single judge dismissed a writ petition as not maintainable. The court held that the aggrieved person must exhaust statutory remedies under the Cr.P.C. before approaching the High Court.
Writ petition dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.22767 OF 2020
ORDER:-
This Writ Petition is filed seeking direction to the respondent – police officials to register the report lodged by the petitioner.
Heard learned counsel for the petitioner and the learned Government Pleader for Home.
The main grievance of the writ petitioner in this writ petition is that the 2nd and 3rd respondents did not register F.I.R on the basis of the report lodged by the petitioner. The legal position in this regard is no more res integra and the same is well settled. It is now settled law that if report lodged by a person before the police disclosing commission of cognizable offence is not registered, the remedy of the aggrieved person is not by way of filing writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The aggrieved person has to exhaust the other remedies contemplated under Sections 154(3), 156(3) and Sections 190 r/w Section 200 of Cr.P.C. In the common order passed by this Court in Writ Petition No.8384 of 2020 and batch, this Court clearly held, based on the earlier judgment of the Apex Court, that in the said circumstances, the remedy of the aggrieved person is not by way of filing Writ Petition under Article 226 of the Constitution of India and he has to exhaust the other remedies available to him under Cr.P.C.
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Therefore, in view of the earlier order of this Court and for the reasons stated therein, this Writ Petition is dismissed as not maintainable.
Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 09-12-2020 AKN
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.22767 OF 2020
Date: 09-12-2020
AKN
1 issue framed by the court
Whether a writ petition under Article 226 of the Constitution is maintainable for directing police to register an FIR when statutory remedies are available.
2 provisions across 2 enactments
Petitioner
Respondent
Cheekati Manavendranath Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
