JUDGEMENT
SANJAY K.AGRAWAL, J. -
(1.) The petitioner seeks a direction that despite his report for registration of offence punishable under Sections 420 , 467 , 468 , 469 , 471 and
120B read with Section 34 of the IPC against respondents No.6 to 8, respondents No.1 to 3 have not registered any offence against the said
persons, whereas they ought to have registered offence against the said
private respondents, as the complaint filed by him discloses the
commission of aforesaid offences.
(2.) Learned counsel appearing for the petitioner submits that the petitioner being the Pradhan of Gram Panchayat Mohaliya, has lodged a report
against respondents No.6 to 8 as they have obtained employment by
forged certificates and thus, have committed the offence punishable
under Sections 420 , 467 , 468 , 469 , 471 and 120B read with Section
34 of the IPC, but no action has been taken and the complaint filed by him 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.,(2014) 2 SCC 1 , it was imperative for respondents No.1 to 3 to register FIR, but,
as they have declined, appropriate writ or direction be issued for
registration of FIR.
(3.) The 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. She would further submit
that the dispute raised by the petitioner is not maintainable, as the
petitioner has no locus to file the instant petition and on the basis of
that, no direction can be given for registration of FIR against the private
respondents.;
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