Advocates:
['PANKAJ JAMWAL', 'RAMAN SHARMA', 'AAG', '', 'SANCHIT VERMA']

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT JAMMU

OWP No. 97/2010

Reserved on 05.10.2021.

Pronounced on 08. 10.2021.

Jawahar Lal

..... petitioner (s)

Through :- Mr. Ashwani Thakur Advocate

V/s

State and ors

.....Respondent(s)

Through :- Mr. Sanchit Verma assisting

counsel to Mr. Raman Sharma

AAG

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

ORDER

1

In this petition, the petitioner prays for issuance of a Writ of

Mandamus directing the respondents to register FIR and conduct the

investigation on the basis of a complaint, claimed to have been made by the

petitioner initially to the SHO Police Station, Udhampur, then to the Sr.S.P,

Udhampur and ultimately before the CJM Udhampur under Section 156(3)

Cr.P.C.

2

It is the grievance of the petitioner that he was engaged in the

business of supply of shuttering and construction material from his shop in

Khasra No. 528 Ommara Udhampur. The accused persons, sixteen in numbers,

came on spot in the afternoon of 27.11.2009 and started forcibly taking away

the shuttering material belonging to the petitioner. They forcibly took over the

possession of the premises belonging to the petitioner purportedly under the

direction of the Executing Court of learned Sub-Judge (CJM) Udhampur. The

Case No.11

2

accused persons, it is alleged, took away the shuttering belonging to the

petitioner. The whole action was done by the accused persons after threatening

the sister-in-law of the petitioner, who was present on spot, of elimination. It is

submitted that a complaint in this regard was lodged with the Police Station

Udhampur. However, the SHO, Police Station, Udhampur refused to register

FIR. The petitioner thereafter approached Sr. SP, Udhampur to direct SHO

concerned to register FIR, but to no avail. He ultimately filed an application

under Section 156(3) of Cr.P.c before CJM Udhampur for directing the police

to register FIR and investigate the commission of various offences. The CJM,

Udhampur forwarded the application of the petitioner to the In-charge Police

Station, Udhampur to enquire into the matter and initiate action, if warranted

under law in terms of its order dated 24.12.2009 endorsed on the original

application submitted by the petitioner.

3

The petitioner submits that despite there being an order passed by

the CJM, Udhampur, FIR has not been registered and, therefore, the petitioner

having been left with no option, has approached this Court and prays for

mandamus to the SHO, Police Station, Udhampur to register FIR in the matter.

4

Having heard learned counsel for the petitioner rand perused the

material on record, I am of the view that the petitioner has already availed of

remedy as is available to him in terms of Section 153 (3) of Cr.P.C . The CJM,

Udhampur has intervened in the matter and has directed the In-charge Police

Station, Udhampur to enquire into the matter and initiate action if warranted

under law.

5

The grievance of the petitioner, however, is that despite there

being a direction by the CJM, Udhampur, the police has not registered FIR in

the matter.

3

6

Mr. Thakur learned counsel for the petitioner, however, submits

that the order passed by the CJM, Udhampur tantamounts to a direction to the

SHO concerned to registered FIR and, therefore, the SHO concerned must be

directed to register formal FIR and investigate the matter in compliance to the

order of CJM, Udhampur.

7

The relief as prayed for, to say the least, is misconceived. This

Court in exercise of its extraordinary jurisdiction cannot direct the Police to

register FIR, more so, when the Code of Criminal Procedure provides

elaborate mechanism in this regard. Needless to say that the police is bound to

register FIR, if the information received by it, orally or in writing, discloses

commission of cognizable offence and in case the SHO concerned sh