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2024 Supreme(Online)(MP) 20337

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA, J
Nemi Prasad – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Shrishti Kashyap,Advocate General

ORDER

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

  • i) To issue a writ in the nature of Mandamas commanding respondent No.1 to 5 to consider and enquire the matter about which the petitioner has lodged complaints/ reports/ NCR dated 2.6.2023, 9.11.2023 and 24.11.2023 (Annexure P/1 and P/2) in a fair manner;
  • ii) to call for the relevant records for kind perusal of this Honourable court;
  • iii) Any other relief’s deemed fit on facts and circumstances of the instant case.

 

 

2. It is submitted by counsel for the petitioner that in spite of multiple complaints made by the petitioner, FIR has not been lodged by the police.

3. Per contra, the petition is vehemently opposed by counsel for the State. It is submitted that the petitioner has an efficacious remedy of approaching the concerning Magistrate under section 190 and 200 Cr.P.C. 4. Heard the learned counsel for the parties.

5. The moot question for consideration is as to whether a writ petition for a direction to the Police to lodge an FIR is maintainable or not ? 6. The Supreme Court in the case of Aleque Padamsee and others vs. Union of India & Ors, reported in

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