BHARAT BAJAJ Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner herein seeks a direction for registration of FIR for offence punishable under Sections 466, 468 and 471 of the IPC against one Swati Singh and other persons stating that they have committed cognizable offence as stated above and despite complaint to the respondents they are not taking action, therefore, appropriate direction / writ in the nature of mandamus be issued directing the respondents to perform their duties under the provisions of Section 202 of the CrPC and register FIR for the aforesaid offences against the aforesaid persons and carry-on investigation thereupon.

(2.) Mr. Vipin Punjabi, learned counsel for the petitioner, would submit that the complaint filed by the petitioner clearly and prima facie discloses the commission of cognizable offence, therefore, as per the decision laid down by Their Lordships of the Supreme Court in the matter of Lalita Kumari v. Government of U.P. 1, it was imperative for the respondents to register FIR, but, as they have declined, appropriate writ or direction be issued for registration of FIR.

(3.) Mr. Mateen Siddiqui, learned State counsel, would submit that if the petitioner is not satisfied with the action of the police authorities in not taking cognizance of the alleged offence, he has remedy to submit application under Section 156(3) of the CrPC before the Judicial Magistrate or to file complaint before the jurisdictional criminal Court under Section 200 of the CrPC, as such, the writ petition is not maintainable. He would further submit that there is a matrimonial dispute between the parties and on the basis of that, no direction can be given for registration of FIR against Swati Singh and others.