THE HONOURABLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.43542 of 2017

ORDER:

This Writ Petition is filed with the following relief:

“…to issue a writ, order or direction, more particularly one in the nature of Mandamus declaring the action of the 3rd respondent police in not entertaining and registering the FIR against the 4th respondent as mentioned in the complaint of the petitioner dated 11.11.2017 even though the respondent received the complaint is illegal and arbitrary and in violation of the law and procedure as contemplated under the Act and in violation of the guidelines of the Apex Court Judgment i.e., Lalitha Kumari Vs. Govt. of UP and ors and consequently direct the respondent police to register the FIR in accordance with procedure.…”

2. None appears on behalf of the petitioner.

3. Heard learned Assistant Government Pleader for Home appearing for respondents No.1 to 3.

4. The learned Assistant Government Pleader for Home submits that the relief sought in the present writ petition, namely, a direction to the police authorities to register a criminal case is not maintainable under Article 226 of the Constitution of India, in view of the well-settled legal principles laid down