PARSHOTAM KUMAR Vs. STATE

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India read with Sec. 103 of the Constitution of J&K State, the petitioners inter alia seek the following reliefs:-

(2.) The law is clear on the point that the writ petition cannot be filed thereby directing the police to register FIR. Reliance is also placed on the decision of Hon'ble the Supreme Court in case titled, Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage reported in 2016 (6) SCC 277, wherein it has been held as under:-

(3.) We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Sec. 156 (3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation.