Allahabad High Court
Kalawati vs State Of U.P. Thru. Prin. Secy. Home, ... on 1 December, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:78974-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 9153 of 2023
Petitioner :- Kalawati
Respondent :- State Of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow And Others
Counsel for Petitioner :- Bare Lal Bhartiya
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
(1) None appears on behalf of the petitioner. Learned A.G.A. appears for the State-respondents.
(2) This petition has been filed by the petitioner for the following main prayer:-
"i..) Issue a writ order of direction in the nature of Mandamus thereby commanding the opp. Party No.2&3 to lodge the first information report against the opp. Party No. 4 to 6 in an appropriate Sections in light of the case of Lalita Kumari versus State of U.P. & others."
(3) We have perused the pleadings on record and it appears that petitioner had moved an application to concerned police station and Police Commissioner Lucknow and also to Additional Secretary Hme and Chief Minister of Uttar Pradesh Lucknow dated 26.04.2023, 23.05.2022 and 13.09.2023. Till date the F.I.R. has not been lodged by the police station concerned.
(4) From the pleadings on record it also appears that petitioner has also relied upon the judgement rendered by the Hon'ble Supreme Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1, wherein it has been observed that a Police Officer cannot avoid his duty for registering an offence if in the application cognizable offence discloses and in case they avoid such responsibility, an action to be taken against the erring Officer under Section 161-A of Cr.P.C. or Departmental Proceedings be initiated and such proceedings can be taken against erring Officer in not registering the FIR.
(5) Learned A.G.A. has pointed out that the judgment rendered by the Division Bench of this Court in the case of Waseem Haider Vs. State of U.P. and others reported in (2021) 2 ADJ 86, to say that after considering the law laid down by the Hon'ble Supreme Court in the Lalita Kumari' case (supra), this Court expressed its opinion that the informant has statutory remedy under Section 156 (3) Cr.P.C. or under Section 200 of Cr.P.C. The Paragraph-45 of the said judgment is being quoted herein below:-
"45. Before parting, the conclusion arrived at based on the above discussion and analysis is delineated below for ready reference and convenience :-
(1) Writ of mandamus to compel the police to perform its statutory duty under Section 154 Cr.P.C can be denied to the informant/victim for non-availing of alternative remedy under Sections 154(3), 156(3), 190 and 200 Cr.P.C., unless the four exceptions enumerated in decision of Apex Court in the the case of Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors., (1998) 8 SCC 1, come to rescue of the informant / victim.
(2) The verdict of Apex Court in the case of Lalita Kumari Vs. Government of U.P. & Ors. reported in (2014) 2 SCC 1 does not pertain to issue of entitlement to writ of mandamus for compelling the police to perform statutory duty under Section 154 Cr.P.C without availing alternative remedy under Section 154(3), 156(3), 190 and 200 Cr.P.C..
(3) The informant/victim after furnishing first information regarding cognizable offence does not become functus officio for seeking writ of mandamus for compelling the police authorities to perform their statutory duty under Section 154 Cr.P.C in case the FIR is not lodged.
(4) The proposed accused against whom the first information of commission of cognizable offence is made, is not a necessary party to be impleaded in a petition under Article 226 of the Constitution of India seeking issuance of writ of mandamus to compel the police to perform their statutory duty under Section 154 Cr.P.C".
(6) This Court is of the opinion that if the petitioner is aggrieved by non-lodging of the FIR, therefore, she has appropriate remedy of filing a complaint under Section 156 (3) Cr.P.C. or under Section 200 of the Cr.P.C.
(7) This writ petition stands disposed of.
Order Date :- 1.12.2023
Arnima
