1
HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.2322 of 2021
ORDER:
The grievance of the petitioner in this writ petition is that the report lodged by her before the police is not registered as F.I.R. and the same is not investigated.
2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing for official respondents 1 to 5.
3. The legal position in this regard is no more res integra and the same has been well settled as per the authoritative pronouncements of the Apex Court as well as this High Court. Now it is well settled law that when police failed to register the F.I.R. based on the report lodged by any individual disclosing commission of a cognizable offence, his remedy is not by way of filing a writ petition under Article 226 of the Constitution of India, but he has to exhaust the other remedies which are available to him under Section 154(3), 156(3) and Section 190 r/w.Sec.200 of Cr.P.C.
4. Considering the earlier judgments of the Apex Court rendered on the same issue, this Court in a batch of writ petitions, disposed of on 30.07.2020 in W.P.No.8384 of 2020 and batch, held that when police failed to register F.I.R. based on the report lodged with them, which discloses commission of a cognizable offence, the remedy of the aggrieved person is 2 not by way of a writ under Article 226 of the Constitution of India, but only by way of exhausting the other remedies contemplated under Cr.P.C. i.e. under Section 154(3), 156(3) and Section 190 r/w.Sec.200 of Cr.P.C. and held that the writ petition seeking such direction to the police to register the F.I.R. is not maintainable. In the aforesaid judgment, this Court has also clearly explained the distinction between the ratio laid down in Lalitha Kumari v. State of Uttar Pradesh1 and clearly held that the writ petition is not maintainable.
5. Therefore, this writ petition is dismissed as not maintainable. However, the 3rd and 4th respondents are hereby directed to consider the report, dated 02.01.2021, said to have been made by the petitioner in this regard relating to her grievance and take appropriate action on the said report within two weeks from the date of receipt of a copy of this order or from the date on which copy of this order is produced before the 3rd and 4th respondents by the petitioner, since they are required to take action on such report under Section 154(3) Cr.P.C. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:01.02.2021.
cs 1 (2014) 2 SCC 1