Shaikh Gayasoddin Abdul Rashid and Anr. v. Saudagar Mohammad Rafi and Others
Case brief
What is this about?
Non-registration of FIR despite complaints; writ petition seeking directions to police and education authorities (Latur/Udgir; Liberal Education Society, Udgir) disposed of; remedy lies before Magistrate under Section 156(3) CrPC, now Section 175(3) Bharatiya Nagarik Suraksha Sanhita, not under Article 226 of the Constitution; reliance on Sakiri Vasu v. State of U.P. (2008) 2 SCC 409, T.C. Thangaraj (2011) 12 SCC 328, Sudhir Bhaskarrao Tambe (2016) 6 SCC 277 and M. Subramaniam v. S. Janaki (2020) 16 SCC 728; liberty to approach Magistrate who to decide on own merits; intervention application Crl.A. No.985 of 2020 also disposed.
What did the court decide?
Writ Petition disposed of with liberty to the petitioner to approach the learned Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (old Section 156(3) of the Code of Criminal Procedure); the Magistrate to decide any such application on its own merits. No directions issued to the official respondents. Criminal Application No.985 of 2020 (intervention) also stands disposed of.