Petitioner challenged non-registration of FIR compared to another petitioner's FIR. Court found no evidence of complaint receipt to police and held remedy lies under Section 154(3) CrPC.
Liberty granted to make fresh complaint or pursue Section 154(3); police directed to act if new complaint made.
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.
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.23293 OF 2018
O R D E R :
This writ petition is filed challenging the action of the 4th respondent in not registering the FIR basing on the complaint of the petitioner dated 22.06.2018.
Learned counsel for the petitioner submits that the 4th respondent is not registering the complaint of the petitioner, though complaint made by the 5th respondent on the same day is registered in crime No.336/2018, dated 22.06.2018; and that the 4th respondent in collusion with the 5th respondent is not taking action on the complaint of the petitioner.
On the other hand learned Assistant Government Pleader for Home produced written instructions stating that petitioner has not made any complaint, so far, in respect of the incident took place on 22.06.2018, before the 4th respondent, either in person or through registered post; and that in respect of the said incident dated 22.06.2018, the 5th respondent has made a complaint on 22.06.2018 and basing on the same, a case in Crime No.336/2018 was registered. The other allegations made by the petitioner are all denied.
In this case there is no allegation that the 4th respondent is not receiving the complaint. The allegation is only with regard to non registration of the crime. No acknowledgment is produced by
2
the petitioner before this Court to show that complaint is received by the respondents. Further, when 4th respondent is not receiving the complaint, the petitioner has remedy under Section 154(3) of Cr.P.C. But, the petitioner has not invoked Section 154(3).
In view of the same, the writ petition is disposed of granting liberty to the petitioner to make fresh complaint or pursue remedy under Section 154(3) of Cr.P.C. If petitioner makes fresh complaint, or follows Section 154(3) of Cr.P.C., the respondent police are directed to take action on the same, in accordance with law. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending
in the writ petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 17.07.2018 t k.
1 issue framed by the court
Whether the writ court can adjudicate the non-registration of an FIR when there is no evidence of complaint receipt.
1 provisions across 1 enactments
Petitioner
4th Respondent
5th Respondent
A. RAJASHEKER REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
