- (1.) Counsel for the petitioner submits that the petitioner is alleging that though the complaint lodged by him disclosed a case of commission of cognizable offence and the officer in charge of the police station concerned was under a statutory obligation to register an FIR, the officer failed and neglected to register it. He prays for an order commanding the officer in charge to register an FIR.
(2.) In my opinion, the petitioner's remedy, if any, was before the Criminal Court. When the officer in charge decided not to register an FIR, -- an unwritten decision and hence not judicially reviewable by the High Court under art.226, -- instead of approaching the High Court under art.226, the petitioner ought to have approached the Criminal Court with his complaint examining which the Criminal Court could consider the question of passing an order under s.156(3) or s.190 CrPC.
(3.) The worth of the allegations in the complaint is not to be examined by the High Court under art.226 for deciding the question whether they disclose a case of commission 2 of any cognizable offence. An order that, if at all, would have been passed by the Magistrate, is not to be passed by the High Court as a matter of course. It is only in an exceptional case that power under art.226 is to be exercised for directing the officer in charge of a police station to register an FIR. This is an ordinary case. For these reasons, the petition is dismissed. No costs.;