SWARNALATA JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The grievance of the petitioner in this case is for a direction to OPNos.2 and 3 to register the FIR lodged under Annexure-1 series and to take necessary action.

(2.) Heard, learned counsel for the parties and perused the record.

(3.) Time and again, the Apex Court has reiterated that in case the grievance of the petitioner is for non-registration of FIR, he has to approach the jurisdictional Magistrate by invoking the provisions of law. Admittedly, in this case, the petitioner has not approached the Magistrate against his grievance of non-registration of FIR, but instead of, he has directly approached this Court. What should be the approach of the aggrieved person for non-registration of FIR on his complaint has been outlined in Chapter XIII of the Bharatiya Nagarik Surakshya Sanhita, 2023 (in short, "BNSS") and Sec. 175(3) therein provides powers to the Magistrate to order an investigation on the application of the aggrieved persons whose complaint has been refused by the police to register it as an FIR, provided the aggrieved persons satisfies the Magistrate to direct for an investigation. For the matter relating to non-registration of FIR and how to redress such grievance, this Court considers it apt to refer to the decision of the Apex Court in Sakiri Vasu v. State of Uttar Pradesh and others; (2008) 2 SCC 409, wherein at paragraph- 27, it has held as under:-