The court affirmed that the police must register FIRs for cognizable offenses but not through writ petitions unless alternative remedies are exhausted.

JUDGMENT :

CHITTARANJAN DASH, J.

1. Heard learned counsel for the Parties.

2. By means of this application, the Petitioner seeks the intervention of this Court for a direction to the Opposite Party Nos.2 & 3 to register the FIR against the erring Police officials involved in the incident dated 16.10.2024 and proceed with the investigation thereupon.

3. Vide order dated 07.07.2025, this Court directed the learned counsel for the State to obtain instructions in this matter. Pursuant to the said direction, the IIC, Binika P.S. submitted the written instructions, narrating the details that the Petitioner has been implicated in connection with the Binika P.S. Case No.357 of 2024. It is alleged that the Petitioner led a mob, the one that went violent and obstructed the Police from discharging their official duty in dispersing the mob who were bent upon to take the law into their hand and attempted to go for mob lynching of three persons allegedly, to have attempted to commit robbery. The Petitioner was alleged to have instigated the public against the Police, thereby a mob getting involved in the incident of attempt to lynch three minor boys who were kept captive by the Petitioner and others. On the attempt being made by the Police to rescue the minor boys, the Petitioner, and the public at the instigation of the Petitioner became more violent and furious and attacked the three boys by entering into a club-room where they have been confined overnight.

4. Be that as it may, to give a counter blast to the aforesaid action taken by the Police, the Petitioner lodged a complaint falsely alleging against the Police personnel to get the complaint registered as FIR. As the said complaint was not registered as FIR, the Petitioner moved this Court herein.

5. In course of hearing in this application, Mr. Mishra, learned counsel for the Petitioner, inter alia, submitted that the inaction of the Police, by not registering the FIR is in contravention of the direction issued by the Hon’ble Supreme Court in Lalita Kumari Vs. Govt. of U.P. and Others , MANU/SC/1166/2013, and has categorically submitted that such action of the Police is required to be interfered with by this Court by way of a direction. He also referred to the decision in the matter of Pradeep Nirankarnath Sharma Vs. State of Gujurat and Others , 2023 LiveLaw (Guj) 177, wherein the Hon’ble Supreme Court has reiterated with regard to the circumstances in which the FIR is to be registered by the Police, mandatorily. However, the learned counsel Mr. Mishra, did not submit anything with regard to the maintainability of the application.

6. The moot question for consideration in the present writ application is with regard to a direction to the Police to register the FIR. The Hon’ble Supreme Court in the case of Aleque Padamsee and Others, (2007) 6 SCC 171, has held that whenever any information is received by the police about the alleged commission of offence which is a cognizable one there is a duty to register the FIR. There can be no dispute on that score. The only question is whether a writ can be issued to the police authorities to register the same. The basic question is as to what course is to be adopted if the police does not do it. As was held in All India Institute of Medical Sciences Vs. Union of India and Ors. 1996 (11) SCC 582 , and re-iterated in Gangadhar Janardan Mhatre Vs. State of Maharashtra and Ors. /b>., (2004) 7 SCC 768 , the remedy available is as set out above by filing a complaint before the Magistrate.

7. The Hon’ble High Court of Madhya Pradesh, in the case of Dr. Anjana Singh Vs. The State of Madhya Pradesh and Ors. , 2024:MPHC-JBP: 51172 , ha