ORDER :

Sanjay K. Agrawal, J

1. This writ petition has been filed by the petitioner seeking following reliefs: (i) direct the respondents-authorities to register FIR against respondents No.05 & 06 herein; (ii) direct the said respondents No.05 & 06 to return the amount of Rs.11,21,670/- alongwith interest @ 06% to the petitioner and (iii) direct the investigating authority to investigate into the present matter and also to take action against the arraying officials.

2. Mr. Pawan Kesharwani, learned counsel appearing for the petitioner would submit that despite complaints having being made by the petitioner to the respondents-authorities vide Annexure-P/1 dated 29.10.2022 for registration of FIR against the respondents No.05 & 06, the same has not been registered. By placing reliance on the decision rendered by the Supreme Court in the matter of Lalita Kumari vs. Government of U.P., (2014) 2 SCC 1 learned counsel would submit that upon receipt of information by a police officer in-charge of a police station disclosing commission of cognizable offence, it is imperative for him to register FIR under Section 154 of CrPC. Hence, present petition be allowed and appropriate direction be issued for registration of FIR by issuance of writ of mandamus.

3. Per-contra, learned State counsel would submit that if petitioner is aggrieved by non-registration of FIR on the complaints made by him, he has alternative remedy to approach jurisdictional criminal court under Sections 156(3) of CrPC or to file complaint under Section 200 of CrPC, but in the instant writ petition, petitioner is seeking mandamus directing the police to register FIR under Section 154 of CrPC, which is not maintainable and petitioner be relegated to avail remedy of approaching jurisdictional criminal court under Section 156(3) of CrPC or to prefer complaint under Section 200 CrPC.

4. We have heard learned counsel for the parties considered their rival submissions made herein above and went through the record with utmost circumspection.

5. In the matter of Lalita Kumari (supra) while dealing with a petition filed under Article 32 of the Constitution of Indian seeking issuance of writ of habeas corpus or directions of like nature against the respondents therein for the protection of minor daughter who was kidnapped, the Constitution Bench of the Supreme Court formulated following questions in Para-01 & 06 as under:

“1. The important issue which arises for consideration in the referred matter is whether “a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) or the police officer has the power to conduct a “preliminary inquiry” in order to test the veracity of such information before registering the same?

6. Therefore, the only question before this Constitution Bench relates to the interpretation of Section 154 of the Code and incidentally to consider Sections 156 and 157 also.”

Thereafter, their Lordships while answering the above-stated questions laid down the principle of law that police has no option but to register the offence in shape of FIR under Section 154 CrPC on receipt of first information regarding commission of cognizable offence without verifying the veracity of the first information and held in Para-120 to 120.6 as under:

“120. In view of the aforesaid discussion, we hold:

120.1 Registration of FIR is mandatory under section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

120.2 If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

120.3 If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where pre