SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Online)(MP) 38019

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE G. S. AHLUWALIA, J
Ankita Dwivedi – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Arubendra Singh Parihar,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 respondent’s police personnel to register the case against the accused persons if cognizable in nature and arrest immediately put up the charge sheet against them for trial before the competent court.

II. Any other relief which this Hon’ble Court deem fit may also be granted.”

2. It is submitted by counsel for petitioner that petitioner has approached the respondents for registration of FIR but no action has been taken.

3. It is submitted by counsel for the State that it is well established principle of law that a Writ Petition for registration of FIR is not maintainable bbeeccaauussee ppeettiittiioonneerr hhaass aann eeffffiiccaacciioouuss rreemmeeddyy ooff approaching the Trial Magistrate under Section 200 of Cr.P.C. (Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023).

4. Considered the submissions made by counsel for the parties.

5. The moot question for consideration is as to whether a Writ Petition for direction to the Police to register FIR is maintainable or not? 6. The Supreme Court in the case of Aleque Padamsee

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top