Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court

The Lucknow Bench of the Allahabad High Court recently observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail the alternative statutory remedies under the Code of Criminal Procedure, of approaching district police superintendents or magisterial court. "A complainant has statutorily engrafted remedies to ensure that his complaint is taken to its logical end. Thus, he must first exhaust said remedies and cannot invoke extra-ordinary writ remedy as a matter of course, even when crime is not registered and there is no progress in the investigation," observed a Division Bench comprising of Justices Chandra Dhari Singh and Ramesh Sinha. It has however made it clear that if it is demonstrated that impugned action or inaction is vitiated by violation of principles of natural justice, or being bereft of jurisdiction or violates any statutory provision or causes breach of fundamental rights, then non-availing of alternative remedy cannot restrain the informant or victim to successfully invoke the writ jurisdiction of the superior Court. Background In the case at hand, the Petitioner had moved the High Court seeking that a writ in the nature of mandamus be issued to the Police authorities for registration of FIR on his complaint for alleged execution of a forged and fraudulent sale deed. The Petitioner had submitted that he had moved an application for registration of FIR before the concerned SHO, had submitted an application before the Superintendent of Police and had also approached the Director General of Police, but all in vain. The State had questioned the maintainability of this petition while stating that if the petitioner is aggrieved by the fact that his first information report is not being registered, he has an alternative remedy to approach the Magistrate concerned under section 156(3) CrPC. Findings The Bench noted that the Petitioner has the following alternative remedies under the CrPC: (i) Section 154(3), which provides for a complainant to approach the Superintendent of Police if the police station's SHO refuses to register the FIR; (ii) Section 156(3) r/w Section 190, which provides for the complainant to move a Magisterial Court for registration of an FIR in case the police refuses to register it; and (iii) Section 200 of CrPC which provides for filing of a complaint before the Magistrate. Thus, the question before it was whether a writ of mandamus can be issued under Article 226 of the Constitution directing the police to register an offence under Section 154(1) CrPC in a petition raising grievance that despite informing the police about the commission of cognizable offence, no FIR is lodged. The Bench was of the opinion that the power to issue a writ of mandamus has its own well defined self-imposed limitations, one of which is availability of alternative efficacious remedy. In cases pertaining to non-registration of FIR by the Police, the Court noted, there are four different remedies available under CrPC. "These statutory remedies cannot be branded as non-efficacious or onerous," the Court remarked while holding that an informant whose first information does not lead to registration of offence under Section 154 CrPC is not remedy-less and therefore, the constraints exercised by the writ Court while issuing writ of mandamus come into play. The Bench held, "The writ remedy is extra-ordinary remedy and equitable remedy. Further, the writ Court need not entertain a writ petition merely because a case is made out of alleged inaction or negligent in acting on an issue by an authority vested with power, in these cases to register crime/to complete investigation into crime, if statutorily engrafted remedy is available to seek redress on such grievance. Even if, a case is made out on alleged illegal action by statutory authority, which require redressal, ordinarily writ Court does not entertain the writ petition if the aggrieved person has not availed other remedies, more so, such remedies are incorporated in a statute." The Petitioner in this case had placed reliance on the landmark ruling in Lalita Kumari v. Government of UP & Ors., (2014) 2 SCC 1, where it was held that upon receipt of information by a police officer in-charge of a police station disclosing a cognizable offence, it is imperative for him to register a case under Section 154 of the Code. The Division Bench however held that the above precedent would be of no avail to the Petitioner inasmuch as the same did not lay down any law in respect of remedies available to the informant under CrPC, to be invoked in case of failure on the part of the police to perform its statutory duty under Section 154(1)/154(3) CrPC as a sine qua non for seeking writ of mandamus. The Bench then...

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court

Akshita Saxena

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