SUSHRUT ARVIND DHARMADHIKARI
Unihomes Bhopal Buyers Social Awareness Society – Appellant
Versus
Commissioner of Police-D Block, Sultania – Respondent
JUDGMENT
1. The present petition, under Article 226 of the Constitution of India has been preferred by the petitioner seeking the following reliefs:-
'(i) That, this Hon'ble Court may kindly be pleased to direct the respondent no.1 & 2 to take strict action against the respondent no.3 & 4, in the interest of justice.
(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent no.1 & 2 to immediately arrest the respondent no.3 & 4 in crime no.85/2018 & 53/2021 for offences u/s 409, 420 & 34 of IPC which was registered against respondent No.3, 4 & other co- accused Mr. Sumit Khaneja at P.S. Kolar Road Bhopal (M.P.), in the interest of justice.
(iii) Any other relief or writ or direction or order which this Hon'ble Court may deem fit and proper in view of facts and circumstances of the case alongwith cost of the litigation.'
2. Learned counsel for the petitioner submits that the petitioner is aggrieved by inaction of the respondents no.1 & 2/Police Authority in not taking appropriate action against respondents no.3 & 4, who have committed mass cheating and fraud with the home buyers and two FIRs are registered against them alongwith one co-accused Mr. Sumit Kaneja vide Cri
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)
State of Bihar vs. A.C. Saldanna AIR 1980 SC 326
Sudhir Bhaskarrao Tambe vs. Hent Dhage mant Yashwaand Others (2016)6 SCC 277
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 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 aggrieved persons seeking the registration of an FIR is to approach the Magistrate under Section 156(3) Cr.P.C. and not to file....
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 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.
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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