Neutral Citation No. - 2025:AHC-LKO:7133-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 909 of 2025 Petitioner :- Richa Soni Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 5 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A., who appears on behalf of State-respondent Nos.1 to 4. 2. This petition has been filed by the petitioner with the following main prayers :- "I. Issue a writ, order or direction in the nature of mandamus commanding the opp. parties concerned to take the necessary action in respect of grievances of the petitioner raised in her application dated 15.1.2025 as contained in Annexure no.1 to this writ petition and also protect the life and personal liberty of the petitioner and her husband from the opp. party no.5 and 6 and their associates and also take necessary action against them in the interest of justice. II. Issue a writ, order or direction in the nature of mandamus commanding the opp. party no.2 to consider and decide the application of the petitioner dated 15.1.2025 as contained in Annexure no.1 to this writ petition in the interest of justice." 3. It is the case of the petitioner that she tried to lodge an F.I.R. in Police Station Jankipuram, District Lucknow and also given an application to the Station House Officer of the Police Station concerned on 15.01.2025, however, the F.I.R. was not lodged. 4. The Hon'ble Supreme Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others, reported in (2014) 2 SCC 1, has observed that a Police Officer cannot avoid his duty for registering an offence if in the application cognizable offence discloses and in case they avoid such responsibility, an action to be taken against the erring Officer under Section 166-A of the I.P.C. (Section 199 of Bharatiya Nyaya Sanhita, 2023 (BNS) or Departmental Proceedings be initiated and such proceedings can be taken against erring Officer in not registering the FIR. 5. Learned A.G.A. has pointed out that the judgment rendered by the Division Bench of this Court in the case of Waseem Haider Vs. State of U.P. and others reported in (2021) 2 ADJ 86, to say that after considering the law laid down by the Hon'ble Supreme Court in the Lalita Kumari' case (supra), this Court expressed its opinion that the informant has statutory remedy under Section 156 (3) Cr.P.C. (175(3) Bharatiya Nagarik Suraksha Sanhita, 2023) or under Section 200 of Cr.P.C. (223 BNSS). The Paragraph-45 of the said judgment is being quoted hereinbelow:- "45. Before parting, the conclusion arrived at based on the above discussion and analysis is delineated below for ready reference and convenience :- (1) Writ of mandamus to compel the police to perform its statutory duty under Section 154 Cr.P.C can be denied to the informant/victim for non- availing of alternative remedy under Sections 154(3), 156(3), 190 and 200 Cr.P.C., unless the four exceptions enumerated in decision of Apex Court in the the case of Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Ors., (1998) 8 SCC 1, come to rescue of the informant / victim. (2) The verdict of Apex Court in the case of Lalita Kumari Vs. Government of U.P. & Ors. reported in (2014) 2 SCC 1 does not pertain to issue of entitlement to writ of mandamus for compelling the police to perform statutory duty under Section 154 Cr.P.C without availing alternative remedy under Section 154(3), 156(3), 190 and 200 Cr.P.C. (3) The informant/victim after furnishing first information regarding cognizable offence does not become functus officio for seeking writ of mandamus for compelling the police authorities to perform their statutory duty under Section 154 Cr.P.C in case the FIR is not lodged. (4) The proposed accused against whom the first information of commission of cognizable offence is made, is not a necessary party to be impleaded in a petition under Article 226 of the Constitution of India seeking issuance of writ of mandamus to compel the police to perform their statutory duty under Section 154 Cr.P.C". 6. This Court is of the opinion that if the petitioner is aggrieved by non-lodging of the F.I.R., she has appropriate remedy of filing a complaint under Section 156 (3) Cr.P.C. (175(3) Bharatiya Nagarik Suraksha Sanhita, 2023) or under Section 200 of the Cr.P.C. (223 BNSS). 7. This writ petition stands disposed of. Order Date :- 4.2.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench