JASMINARA KHATUN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking following reliefs: (i) direct the respondents-authorities to register FIR against respondents No.05 and 06 herein; (ii) direct the said respondents No.05 and 06 to return the amount of Rs.11,21,670.00 alongwith interest @ 06% to the petitioner and (iii) direct the investigating authority to investigate into the present matter and also to take action against the arraying officials.

(2.) Mr. Pawan Kesharwani, learned counsel appearing for the petitioner would submit that despite complaints having being made by the petitioner to the respondents-authorities vide Annexure-P/1 dtd. 29/10/2022 for registration of FIR against the respondents No.05 and 06, the same has not been registered. By placing reliance on the decision rendered by the Supreme Court in the matter of Lalita Kumari vs. Government of U.P.,(2014) 2 SCC 1. learned counsel would submit that upon receipt of information by a police officer in-charge of a police station disclosing commission of cognizable offence, it is imperative for him to register FIR under Sec. 154 of CrPC. Hence, present petition be allowed and appropriate direction be issued for registration of FIR by issuance of writ of mandamus.

(3.) Per-contra, learned State counsel would submit that if petitioner is aggrieved by non-registration of FIR on the complaints made by him, he has alternative remedy to approach jurisdictional criminal court under Ss. 156(3) of CrPC or to file complaint under Sec. 200 of CrPC, but in the instant writ petition, petitioner is seeking mandamus directing the police to register FIR under Sec. 154 of CrPC, which is not maintainable and petitioner be relegated to avail remedy of approaching jurisdictional criminal court under Sec. 156(3) of CrPC or to prefer complaint under Sec. 200 CrPC.