YUDHVIR SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India praying for issuance of Mandamus to respondent No.1 i.e. Commission of Police for registration of an FIR against respondents No.2 and 3 as the said respondents played fraud with the petitioner and committed offences of forgery and impersonation.

(2.) I consider that the petitioner should approach the Court of Metropolitan Magistrate with an appropriate complaint either under section 200 Cr.P.C. or under section 156(3) Cr.P.C. Writ petition is not the remedy for registration of FIR. Law has provided specific remedy for this purpose which should be availed by the petitioner. The petition is not maintainable in view of the judgment in Aleque Padamsee and Ors. vs. Union of India and others, 2007 (9) Scale 275.

(3.) With the above observations, the writ petition is dismissed with liberty to the petitioner to approach the concerned Court of Metropolitan Magistrate with an appropriate complaint.