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