Ms. Kokila vs State Of Uttarakhand And Others
2023 Latest Caselaw 1846 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.959 of 2023
Ms. Kokila                                             ....Petitioner

                                Versus

State of Uttarakhand and Others                      ....Respondents

Present:-
            Mr. D.N. Sharma and Ms. Manju Bahuguna, Advocatesfor
            the petitioner.
            Mr. Lalit Miglani, A.G.A. for the State.
            Mr, Vipul Sharma, Advocate for the respondent nos. 5 and
            9.

                           JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks the following reliefs:-

"(a) issue a writ, order or direction in the

nature of Mandamus for directing the

Respondent no.2 to decide the

complaint/Representation of the

Petitioner in the Light of Section 154(3) of

the Cr.P.C. 1973.

(b) issue any other order or direction which

this Hon'ble Court may deem fit and

proper under the circumstances of the

present case.

(c) to allow the writ petition and award the

cost of it in favour of the petitioner."

2. Heard learned counsel for the parties and

perused the record.

3. It is the case of the petitioner that the

respondent no.5, who is the Managing Director of a School,

has committed wrongs with her. She moved an application for

lodging of an FIR, which has not been lodged. What is sought

is that the Senior Superintendant of Police, Udham Singh

Nagar, be directed to pass an order on the

complaint/representation filed by the petitioner. Essentially,

what the petitioner seeks is lodging of an FIR.

4. The criminal justice system may be rolled out by

lodging of an FIR under Section 154 of the Code of Criminal

Procedure, 1973 ("the Code"). In case the Station House

Officer of the police station does not record such an FIR, as

presented to him under Section 154 of the Code, an

application to Senior Superintendent of Police may be given

under Section 154(3) of the Code. Even if thereafter the FIR is

not lodged, the aggrieved person may file an application

before the Magistrate having competent jurisdiction for

ordering an investigation in the matter.

5. In the case of Sakiri Vasu Vs. State of Uttar

Pradesh and Others, (2008) 2 SCC 409, the Hon'ble Supreme

Court has categorically held that for lodging of an FIR, the

directions in a writ petition may not be issued.

6. The petitioner may very well seek such remedy,

as is permissible under Code for lodging of an FIR. In a writ

petition, such relief may not be granted, as is sought for by

the petitioner. Accordingly, the petition deserves to be

dismissed at the stage of admission itself.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 17.07.2023 Ravi Bisht