Allahabad High Court
Bandana vs State Of U.P. Thru. Prin. Secy. Home, ... on 1 February, 2024
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:9369-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 718 of 2024
Petitioner :- Bandana
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Govt. Of U.P. Lucknow And Others
Counsel for Petitioner :- Tauqueer Alam,Harish Chandra
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Ajai Kumar Srivastava-I,J.
(1) Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the State-respondent nos.1 to 3.
(2) This petition has been filed by the petitioner for the following main prayer:-
"i. Issue a writ, order or direction in the nature of Mandamus, commanding and directing to opposite party no. 2 & 3 to take action against the opposite party no.4 to 7 on the complaint of the petitioner contained as Annexure No.1 in the light of law laid down by Hon'ble Apex Court in the case of LalitaKumari Vs. Government of Uttar Pradesh and others 2014 (2) SCC 1 in the interest of justice.
ii. Issue a writ, order or direction in the nature of Mandamus, commanding the opposite party no.2 to direct the opposite party no.3 to register the First Information Report of the petitioner and take necessary action in accordance with law against the opposite party no.4 to 7 as per law laid down by the Hon'ble Supreme Court in case of LalitaKumari Vs. Government of Uttar Pradesh and others 2014 (2) SCC 1."
(3) It has been submitted by learned counsel for the petitioner that the petitioner tried to lodge an F.I.R. in Police Station, Khargupur, District Gonda and also given an application in this regard to the Station House Officer of the Police Station concerned on 24.01.2024. However, the F.I.R. was not lodged. Learned counsel for the petitioner also prayed for benefit of the judgement rendered by the Supreme Court in the case of Lalita Kumari Vs. Government of U.P. & Ors. reported in (2014) 2 SCC 1.
(4) 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 hereinbelow:-
"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".
(5) This Court is of the opinion that if the petitioner is aggrieved by non-lodging of the FIR, therefore, he has appropriate remedy of filing a complaint under Section 156 (3) Cr.P.C. or under Section 200 of the Cr.P.C.
(6) This writ petition stands disposed of.
Order Date :- 1.2.2024
Darpan Sharma
