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2024 Supreme(Online)(MP) 29492

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE GURPAL SINGH AHLUWALIA, J
Naresh Singh Kushwaha – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Abhishek Goswamy,Advocate General

ORDER

This petition under Article 226 of Constitution of India has been filed seeking following reliefs:

    “I. Issue a writ in the nature of mandamus directing the Respondents no.2, 3 and 4 to conclude an inquiry against the respondent no.5, 6 and 7 and direct the respondents to take legal action against the respondent no.5,

6 and 7.

II. Issue a writ in the nature of mandamus directing the Respondents to decide/consider the application/complaint of the Petitioner produced as Annexure P/1.

III. Issue any other writ, order or direction as this Hon’ble Court deems fit.

2. It is mentioned in the petition that petitioner has made a complaint to the Police Authorities but no action has been taken.

3. The moot question for consideration is as to whether this Court in exercise of power under Article 226 of Constitution of India can direct the Police Authority to register the FIR or not?

4. The Supreme Court in the case of Aleque Padamsee and others vs. Union of India & Ors, reported in (2007) 6 SCC 171 has held as under :-

    “7. 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 disput

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