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2024 Supreme(Online)(MP) 2627

HIGH COURT OF MADHYA PRADESH
Smt. Archana Chaurasiya – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Dr. Anuvad Shrivastava,Advocate General

ORDER

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

    “(I) To issue a writ in the nature of mandamus commanding the Respondent authorities to fairly conduct and complete the merg inquiry U/s. 174 Cr.P.C. within specified time and to register FIR on its basis in the interest of justice.
    (ii) To issue any other writ, order or direction as this Hon’ble Court deems fit.”

2. The moot question for consideration is as to whether a person, who is not satisfied with the action of the Police can maintain a writ petition for a direction to the Police to register the FIR or has an efficacious remedy of approaching the concerning Magistrate under Sections 156(3), 200 and 202 of Cr.P.C.?

3. 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 dispute on that score. The only question is whether a writ can be issued to the police authorities to register th





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