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SANJAY KUMAR DWIVEDI
Agha Sahnawaz, son of late Hazi Abdul Hasib – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard, Mr. Afaque Rashidi, learned counsel for the petitioner and Ms. Shivani Kapoor, learned counsel for the respondent-State.
2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
3. Petitioner has filed this instant writ petition under Article 226 of the Constitution of India for direction upon the respondents to lodge F.I.R. on the basis of written complaint made by the petitioner.
4. Grievance of the petitioner is that inspite of written submission of the petitioner, F.I.R. has not been lodged.
5. Learned counsel for the petitioner submits that it is right of the petitioner to lodge F.I.R. and the respondents are liable to lodge F.I.R, which has not been done in the hand in hand.
6. Ms. Shivani Kapoor, learned counsel for the respondent-State submits that approaching the Hon’ble High Court by filing application under Article 226 of the Constitution is not an appropriate remedy. She submits that a proceeding under section 107 Cr.P.C.
The main legal point established is that the High Court should not ordinarily interfere in cases of non-registration of F.I.R., and the appropriate remedy lies in approaching the Magistrate under Sec....
The main legal point established in the judgment is that the appropriate remedy for F.I.R. non-registration is to approach the Magistrate under Section 156(3) Cr.P.C., as established by relevant case....
The main legal point established in the judgment is that the remedy for non-registration of F.I.R. lies with the complainant to approach the Magistrate under Section 156(3) of the Cr.P.C., as per the....
The main legal point established in the judgment is that the High Court cannot issue a direction for registration of an FIR under Article 226 of the Constitution of India, and the aggrieved person sh....
Availability of alternative efficacious remedy under section 156(3) of the Cr.P.C. for seeking the registration of an FIR.
The main legal principle established in the judgment is that the remedy for aggrieved persons seeking FIR registration lies under Section 156(3) Cr.P.C. before the concerned Magistrate, and not throu....
The main legal point established in the judgment is that the remedy for FIR registration lies under section 156(3) of the Cr.P.C. and not through a writ petition.
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