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2016 Supreme(MP) 717

SHEEL NAGU, S.A.DHARMADHIKARI
Shweta Bhadauria – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shri Vivek Jain, learned counsel
For the Respondent:Shri Praveen Newaskar, learned Govt. Advocate

JUDGMENT :

1. All the aforesaid writ appeals involve common questions of law and therefore have been heard analogously and are decided by this common order.

2. The core issue raised herein is whether a writ of mandamus can be issued under Article 226 of the Constitution of India directing the police to register an offence under Section 154(1) Cr.P.C. in a petition raising grievance that despite informing the police about the commission of cognisable offence, no FIR is lodged.

2.1 In some of these cases the writ Court has directed the police authorities to perform their statutory duty under Section 154 Cr.P.C by following the law laid down by the Apex Court in the Constitution Bench decision of Lalita Kumari v. Government of U.P. & Ors. reported in (2014) 2 SCC 1 whereas in other cases the Writ Court has declined issuance of writ of mandamus for the reason of availability of statutory remedy under Section 154(3), 156(3), 190 and 200 Cr.P.C.

2.2 The core issue mentioned above in fact involves a number of principal and peripheral issues as under :-

Principal Issues :-

(i) Whether in the face of remedies u/s 154(3), 156(3), 190 & 200 Cr.P.C. writ of mandamus can be issued to police authoriti
























































































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