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HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.10051 of 2021
ORDER:
This Writ Petition under Article 226 of the Constitution of India is filed seeking declaration that the action of the 3rd respondent in not registering the F.I.R. on the report lodged by the petitioner, as illegal and arbitrary and to direct the 3rd respondent to register the F.I.R. and initiate legal action against the 4th respondent.
2) Heard learned counsel for the petitioner and the learned Government Pleader for Home appearing for official respondents 1 to 3.
3) Now it is clearly well settled that the Writ Petition is not maintainable seeking direction to the Station House Officer to register the F.I.R. even on the ground that despite lodging a report with the police relating to cognizable offence that the police failed to register the F.I.R.
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 not by way of a writ under Article 226 of the Constitution of India, but only by way of exhausting the other remedies 2 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 the cases of like nature and clearly held that the writ petition is not maintainable.
5) Therefore, in view of the aforesaid earlier orders of this Court, this writ petition is dismissed as not maintainable. However, the writ petitioner is at liberty to seek his remedy as contemplated under law. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:14.06.2021.
cs 1 (2014) 2 SCC 1