SUSHRUT ARVIND DHARMADHIKARI
Guddi Bai – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sushrut Arvind Dharmadhikari, J. - The present petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking the following reliefs:-
'(A) This Hon'ble Court may kindly be pleased to direct the respondent no.2 & 3 to registered an FIR against the respondent no.4 to 6 and investigate the matter on the report lodged by the petitioner Annexure P-2 to P-5 in the interest of justice.
(B) Any other relief which this Hon'ble Court may deem fit and proper may also granted in favour of the petitioner.
(C) Cost of the petition may also be awarded in the interest of justice.'
2. Learned counsel for the petitioner submits that the petitioner is aggrieved by inaction of respondents No.2 and 3 in not registering the FIR against respondents No.4 to 6. In this regard, the petitioner has preferred several representations i.e. Annexures P/2, P/3, P/4 and P/5 for registering the FIR but no action whatsoever has been taken thereupon. As such, the instant petition has been filed.
3. Per contra learned Government Advocate for the respondents/State contend that the relief prayed in this petition cannot be granted to the petitioner in view of the fact that petition
Dilawar Singh vs. State of Delhi 2007 (10) JT 585
Sakiri Vasu vs State Of U.P. And Others ((2008)2 SCC 409)
Shweta Bhadoriya Vs. State of M.P. & others (2017 (1) MPLJ (Cri) 338))
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.
Availability of alternative efficacious remedy under section 156(3) of the Cr.P.C. for seeking the registration of an FIR.
The main legal point established in the judgment is that when a person has a grievance regarding the lodging of an FIR or the conduct of a proper investigation, the remedy lies in approaching the Mag....
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 principle established is that when an alternative efficacious remedy is available to the petitioner under Section 156(3) Cr.P.C., the court should not entertain the petition.
The main legal point established in the judgment is that the remedy for aggrieved persons seeking the registration of an FIR is to approach the Magistrate under Section 156(3) Cr.P.C. and not to file....
The petitioner should avail the alternative efficacious remedy under Section 156(3) of the Cr.P.C. before seeking relief from the High Court.
The petitioner should avail the alternative efficacious remedy under the Cr.P.C. before approaching the High Court with a writ petition.
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