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

2024 Supreme(Online)(MP) 37757

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


Advocates:
Krishna Kumar Pandey,Advocate General

ORDER

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

“(i) Direct to respondent no. (1) to (4) call the entire record regarding Annexure P-8 for perusal of this Hon’ble court.

(ii) Issue a writ in the nature of mandamus directing the respondent no. 1 to 4 consider the complaint of petitioner as Annexure P-8 against respondent no.5 & 6.

(iii) Issue any other writ, order or direction as this Hon’ble Court deems fit”

2. It is submitted by counsel for petitioner that petitioner has approached the respondents Nos.1 to 4 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 because petitioner has an efficacious remedy of approaching the Trial Magistrate under Section 200 of Cr.P.C. (now under 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 P

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