THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.15031 of 2025

ORDER

This Writ Petition is filed with the following prayer:

“…to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the inaction of 3^rd respondent herein by not registering the FIR basing on the complaint of the petitioner dated 03/05/2025 as arbitrary, illegal and unconstitutional and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Code of Bharatiya Nagarik Suraksha Sanhita 2023 and consequently direct the 3^rd Respondent herein to register the FIR in terms of guidelines issued by the Supreme Court in Lalitha Kumari Vs Government of Uttar Pradesh and others (2014) 2 SCC 1 and pass such other order or orders that the Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 3, and perused the record.

3. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of lis involved, this Court is of the view that notice to unofficial respondent Nos.4 to 7 is not necessary for adjudication of the present Writ Petition.

4. The case of the petitioner, in brief, is that though she has approached the 3^rd respondent authority and lodged a complaint, dt.02.05.2025, with regard to the harassment meted out to her at the hands of the unofficial respondents, though the aforesaid complaint was received on 03.05.2025 at 20.31 hours, no action has been initiated thereon by registering FIR against the persons mentioned in the aforesaid complaint, and thus, there is inaction on the part of the respondents-

authorities in taking action, pursuant to her complaint dt.02.05.2025.

5. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 3 would submit that on the petitioner approaching the 3^rd respondent authority on 03.05.2025 and lodging a complaint at 8.31 p.m., and as the contents of the complaint disclosed the dispute to be a matrimonial dispute, have caused preliminary enquiry and after counseling, registered a case, vide Crime No.640 of 2025.

6. I have taken note of the respective contentions urged.

7. The petitioner initially having approached the 3^rd respondent by lodging a complaint on 03.05.2025 at 8.30 pm, thereafter had moved this Court by filing present Writ Petition, on 07.05.2025, by way of lunch motion. However, when the matter was taken up on 07.05.2025, as there was no representation on behalf of the petitioner, the matter was adjourned for non-appearance of the petitioner.

8. Further, the respondents-authorities based on the complaint made by the petitioner herein, having registered a case vide Crime No.645 of 2025 on 09.05.2025, this Court is of the view that the grievance of the petitioner in the present Writ Petition as to non-registration of crime stands redressed. Since, the respondents-authorities based on the complaint of the petitioner have registered a case, vide Crime No.645 of 2025, this Court is of the further view that the respondents are to be directed to take further action in the matter by conducting investigation into the aforesaid crime registered strictly in accordance with law.

9. Subject to above observation and direction, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ T. VINOD KUMAR, J Date:10.06.2025

GJ

THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.15031 of 2025

10.06.2025 GJ