The court decreased a petition regarding non-registration of an FIR, referring petitioners to remedies under Sections 154(3), 156(3), and 200 Cr.P.C. instead of writ jurisdiction, granting liberty to file a complaint case.
Petition disposed of with liberty to file a complaint case under subsequent Cr.P.C. provisions.
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CRLMP No.1448 of 2017
02. 10.05.2018
Heard learned counsel for the petitioners and learned Addl. Government Advocate for the State.
The grievance of the petitioners is that though they have lodged an F.I.R., but the same has not been registered.
In the case of Sakiri Vasu vs. State of Uttar Pradesh and others , (2008) 2 SCC 409, the apex Court held that if a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover, he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C.
In view of the same, the petition is disposed of granting liberty to the petitioners to file complaint case.
Dr.A.K.Rath,J.
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2 issues framed by the court
Whether the High Court should entertain a writ petition regarding non-registration of an FIR before exhausting remedies of Sections 154(3), 156(3), 200, and 482 Cr.P.C.
What alternative remedies are available to petitioners aggrieved by refusal to register an FIR.
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Sakiri Vasu vs. State of Uttar Pradesh and othersReferred¶5
(2008) 2 SCC 409 · Who else cites this
5 provisions across 1 enactments
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Dr.A.K.Rath
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