Decided on August 07,2007

Suresh Kumar Raghav Appellant
State (Nct Of Delhi) And Others Respondents


- (1.) This writ petition has been filed for giving directions to the police for registration of an FIR. It is submitted by the petitioner that this Court on 6th February, 2006, while hearing the bail application of the petitioner in an FIR lodged at the behest of the respondent observed that it was quite strange as to how the concerned SHO did not register a case under appropriate sections at the complaint of petitioner and a Challan was filed only under Sections 107, 150 Cr.P.C.
(2.) Despite making above observations, this Court did not give directions for registration of an FIR, rather directed that an inquiry be conducted into the conduct of SHO by senior officials. On 10th March, 2006, when the matter was again taken up, the DCP, Crime reported that after the statement of the petitioner made on 1st December, 2005, the local police should have registered a case under appropriate sections. However, no FIR was registered in spite of this information. The petitioner drew my attention to the arrival report recorded in DD No.12A. The Investigating Officer recorded that Dr. Aggarwal did not give his statement and preferred to go to hospital. It is submitted by counsel for the petitioner that the Investigating Officer though had not recorded the statement of Dr. Aggarwal, but could have registered a case on the basis of the statement of the complainant. He did not register an FIR which is the constitutional right of the petitioner and this right cannot be denied to him and that the petitioner has a right to prefer a writ petition for mandamus.
(3.) In a recent judgment of Hon'ble Supreme Court Aleque Padamsee and Ors v. Union of India and others, 2007 9 Scale 275 the Supreme Court considered the entire gamut of law of registration of an FIR and had pondered over the provisions of Criminal Procedure Code in this respect. After considering the provisions of the Cr.P.C., the writ petitions for registration of FIRs were dismissed by the Supreme Court observing that writ petitions were not maintainable and the person aggrieved by the inaction of police official for registration of an FIR, should resort to provisions contained in different Sections of Cr.P.C. There are detailed observations made by the Supreme Court in this respect.;

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