THE HON’BLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.44077 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 Writ of Mandamus declaring the action of respondent Nos.2 to 4 in not receiving and registering FIR and not causing arrest of the accused mentioned in the petitioner written complaint dated 05.12.2017 as illegal, arbitrary, unjust and also against the provisions of IPC and Cr.P.C. and consequently directions to the respondent Nos.2 to 4 to receive and register the FIR and cause arrest of the accused mentioned in the petitioner written complaint dated 05.12.2017 forthwith……..”

2. None appeared for the petitioner.

3. Learned Assistant Government Pleader for Home submits that one Mohammad Ghouse lodged a report, pursuant to which Crime No.360 of 2017 was registered, showing the petitioner as Accused No.3. As a counterblast, the petitioner submitted a report dated 05.12.2017; however, as per the instructions received, no crime was registered on the basis of the said report. He further contends that, if the petitioner is aggrieved by such non- registration, the proper course available is to pursue the remedies provided under the Code of Criminal Procedure, 1973 (“Cr.P.C.”).

Since the petitioner has not availed any such statutory remedy, the present writ petition is not maintainable and is liable to be dismissed on that ground.

4. I have carefully perused the material placed on record.

5. The essence of the petitioner’s grievance is that a direction be issued to respondent Nos. 2 to 4 to receive and register a case/FIR based on his complaint. The issue of maintainability of a writ petition under Article 226 of the Constitution of India, seeking a direction for registration of a crime simpliciter, has been comprehensively considered by the Hon’ble Supreme Court in Sakiri Vasu v. State of Uttar Pradesh & Others (AIR 2008 SC 907) and M. Subramaniam v. S. Janaki & Others (AIR 2020 SC

387).

6. In the above judgments, the Hon’ble Supreme Court has categorically held that when efficacious and alternative remedies are available under the provisions of the Cr.P.C., such as those under Sections 154(3), 156(3), and 200, a writ petition under Article 226 of the Constitution seeking a direction for registration of a crime is not maintainable without exhausting the statutory remedies, even where the complaint discloses a cognizable offence.

7. In light of the settled legal position and in the absence of any exceptional circumstances warranting interference by this Court, the present writ petition seeking a direction to the police authorities for registration of a crime is held to be not maintainable. However, the petitioner is at liberty to avail such appropriate statutory remedies as are available under law, if the cause of action still survives.

8. Accordingly, with the above direction, this Writ Petition is dismissed as not maintainable. No order as to costs. Miscellaneous petitions, if any, pending in the Petition, shall stand closed.

______________ N.TUKARAMJI, J Date: 08.10.2025

MRKR