HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT JAMMU

(through video conference)

OWP No. 1257/2016

Raj Pal and Others

….Petitioner (s)

Through :-

Mr. Nitin Verma, Advocate vice

Ms. Monika Kohli, Advocate

V/s

State of J & K and Others

….Respondent(s)

Through :- Mr. Arun Kumar, Advocate vice

Mr. S M Chowdhary, Advocate

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

ORDER

In this petition, the petitioners have, inter alia, prayed for issuing a

direction to the respondent No. 1 to register an FIR against respondent Nos. 3 to

9 for changing revenue record of the land at the back of the petitioners without

any notice and in violation of law.

From the perusal of the writ petition and annexures appended thereto, it

transpires that the petitioners, with a view to seeking registration of an FIR

against the private respondents, had approached the Station House Officer

Ramgarh, Samba, and it is the grievance of petitioners that despite having lodged

a written complaint, an FIR was not registered. The petitioner, thereafter, has

straightaway come to this Court invoking extraordinary jurisdiction under

Article 226 of Constitution of India.

Sr. No. 27

2

OWP No. 1257/2016

I am of the view that the writ petition for issuance of mandamus to

register an FIR would not lie unless the petitioner follows procedure as laid

down in the Code of Criminal Procedure for registration of an FIR. Needless to

say that under Section 154 Cr.P.C, if the in-charge Police Station refuses to

register an FIR despite the fact that the complaint discloses commission of a

cognizable offence, the remedy of the aggrieved person lies before the District

Superintendent of Police, and it is only if the District Superintendent of Police

also does not come to the aid of the complainant, the complainant is entitled to

invoke the jurisdiction of the Magistrate under Section 156 Cr.P.C. The

petitioners have not followed the procedure aforesaid and have straightaway

filed this writ petition. This petition is not found maintenable and the same is

dismissed, leaving it open to the petitioners to work out their remedies as

provided under the Code of Criminal Procedure for registration of an FIR.

Dismissed as above.

(Sanjeev Kumar)

Judge

Jammu:

07.02.2022

Sahil T

Whether the order is speaking? Yes/No

Whether the order is reportable? Yes/No