Neutral Citation No. - 2025:AHC-LKO:8058-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1073 of 2025 Petitioner :- Surekha Kumari Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Ashish Verma,Bal Keshwar Srivastava,Pankaj Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the State-respondents. 2. This petition has been filed with the following main prayer:- "i. issue a writ, order or direction in the nature of Mandamus commanding the opposite parties specially the police authority in the light of the order passed by the Hon'ble apex Court in the matter of Lalita Kumari Versus State of U.P. and others to take appropriate decision on the application dated 15.05.2023 moved by the petitioner pending before his forthwith in the interest of justice. 3. It is the case of the petitioner that she tried to lodge an F.I.R. and also given an application dated 28.03.2023 as well as a complaint dated 15.05.2023 to the Station House OfÏcer, Police Station Kotwali Dehat, District Gonda and Superintendent of Police, Gonda respectively, 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 OfÏcer 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 OfÏcer under Section 166-A of the I.P.C. or Departmental Proceedings be initiated and such proceedings can be taken against erring OfÏcer 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. or under Section 200 of Cr.P.C. 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 ofÏcio 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 175(3) of B.N.S.S., corresponding Section156(3) Cr.P.C. or under Section 223 of BNSS, corresponding Section 200 Cr.P.C. 7. This writ petition stands disposed of. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 7.2.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench