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IN THE HIGH COURT OF ALLAHABAD
Attau Rahman Masoodi, Ajai Kumar Srivastava-I, JJ.
Mohd. Irfan Siddiqui - Petitioner
Vs.
State Of Uttar Pradesh Thru. Secy. Deptt. Of Home Lko. And Others - Respondent
Criminal Misc. Writ Petition No. - 4461 of 2024
Decided On : 25-06-2024
MANDAMUS - NON-COMPLIANCE OF GUIDELINES - The court addressed the petitioner's request for a writ of Mandamus to compel action against an officer for failing to comply with Supreme Court guidelines regarding FIR registration. The court emphasized the necessity of adherence to the legal framework established in Lalita Kumari v. Government of Uttar Pradesh, directing the petitioner to approach the appropriate authority for redressal, thereby reinforcing the accountability of law enforcement in following established protocols.
Fact of the Case:
The petitioner sought to lodge an FIR but faced inaction from the authorities. Consequently, the petitioner approached the court for a writ of Mandamus to ensure accountability for non-compliance with Supreme Court guidelines.
Finding of the Court:
The court acknowledged the petitioner's grievances and referred to the Supreme Court's ruling in Lalita Kumari v. Government of Uttar Pradesh, directing the petitioner to approach the relevant authority for resolution, thereby ensuring that appropriate steps are taken as per the law.
Issues: Whether the petitioner is entitled to a writ of Mandamus to compel action against an officer for non-compliance with established guidelines regarding FIR registration.
Ratio Decidendi: The court's decision was based on the interpretation of the legal obligation of authorities to register FIRs as mandated by the Supreme Court, emphasizing the need for accountability in law enforcement.
Final Decision: The writ petition was disposed of with directions for the petitioner to approach the appropriate authority, which must act in accordance with the law laid down by the Supreme Court.
JUDGMENT :
1. Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondents.
2. Learned counsel for the petitioner submits that petitioner has approached opposite parties for lodging the F.I.R., however no heed has been paid in the matter in question. So, the petitioner has approached this Court with the following main relief:-
3. After hearing learned counsel for the parties and going through the record as well as taking into consideration the law laid down by Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1, we hereby direct the petitioner to approach opposite party No.1 in respect to the grievances which he has raised in the present writ petition and thereafter opposite party no.1 shall take appropriate steps in the matter in question as per law laid down by Hon'ble Apex Court in the case of Lalita Kumari (supra).
4. With the above observations, the writ petition is disposed of.
The legal principle established is that law enforcement agencies are obligated to comply with Supreme Court guidelines regarding the registration of FIRs, and failure to do so can lead to accountabil....
Compliance with statutory mechanisms for FIR registration is essential before seeking a writ of mandamus against police authorities.
The court emphasized that the remedy for lodging an F.I.R. against individuals falls under the Code of Criminal Procedure, and private disputes between individuals would not be entertained under Arti....
The main legal point established in the judgment is that the writ of mandamus can be declined when seeking to direct registration of FIR before exhausting the available statutory remedies under Cr.P.....
Delay in FIR registration must adhere to Section 154 of Cr.P.C. as affirmed in Lalita Kumari case.
The Court directs timely action on a complaint under constitutional provisions ensuring adherence to established legal principles.
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