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2024 Supreme(Online)(MP) 4071

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


Advocates:
Ashish Kumar Kurmi,Advocate General

ORDER

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

    “a. That, this Hon’ble Court may kindly be please to issue a writ in the nature of mandamus concern respondent authority to take appropriate steps upon complaint of petitioner which is pending before them regarding assault with his father resultantly died, in the interest of justice.
    b.
    Any other relief/order, which this Hon’ble court deemed fit looking to the facts and circumstances of the case in the end of justice.”

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 dispute on that score. The only question is whet

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