Allahabad High Court
Km Kamini vs State Of U.P. Thru. Prin. Secy. Home ... on 14 November, 2024
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:75340-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 8588 of 2024
Petitioner :- Km Kamini
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 6 Others
Counsel for Petitioner :- Vinod Kumar Pandey,Sandhya Bharti
Counsel for Respondent :- G.A.,Nishant Shukla
Hon'ble Vivek Chaudhary,J.
Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents, Shri Nishant Shukla, learned counsel for respondent No.4 and perused the material placed on record.
2. This writ petition has been filed with the following main prayer :-
"(i) Issue a writ, order or direction, in the nature of Mandamus commanding the opposite parties to take strict action against accused persons/private opposite parties and conduct the investigation by any independent agency of Central Government or State Government after reporting the cause of petitioner in appropriate sections."
3. Learned counsel for the petitioner has submitted that the petitioner had attempted to lodge the first information report against the respondent nos.5, 6 and 7, but no heed was paid and the F.I.R. was not lodged. The petitioner also moved an application to the Station House Officer, Police Station- Ghazipur, District- Lucknow on 04.11.2024, but till date FIR has not been lodged, a copy of which has been annexed as Annexure No.2 to the writ petition.
4. The Supreme Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1, has 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 also 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 Supreme Court in Lalita Kumari (supra), whereby 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. 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."
6. This Court is of the opinion that if the petitioner is aggrieved by non-lodging of the FIR, she has appropriate remedy of filing a complaint under Section 173(3) B.N.S.S. or under Section 223 of the B.N.S.S.
7. This writ petition stands disposed of.
(Om Prakash Shukla,J.) ( Vivek Chaudhary,J.)
Order Date :- 14.11.2024/Ashutosh
