MALVI DUA v. SUPERINTENDENT OF POLICE DISTT. NAINITAL
WPCRL/1269/2024 · 2025-03-05
Pankaj Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12979 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12979 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPCRL No.1269 of 2024 Hon’ble Pankaj Purohit, J.
Mr. Abdul Ali, learned counsel holding brief of Mr. Bhupesh Kandpal, learned counsel for the petitioner.
2. Mr. B.C. Joshi, learned AGA along with Mr. Vipul Painuly, learned Brief Holder for the State.
3. By means of the present criminal writ petition, petitioner has sought the following reliefs:-
“(a) A writ, order or direction in nature of mandamus directing the respondent authorities to register the FIR against the private respondent and further investigate in accordance with law. (b) A writ, order or direction in nature of mandamus commanding the respondents to decide the representation dated 17.11.2024 in accordance with law (annexure-1 to the writ petition).”
4. In substance by filing the instant writ petition, petitioner wants this Court to direct the respondent authorities to register the FIR against the private respondent and to investigate it.
5. This kind of writ petition cannot be entertained. Petitioner has got remedy for it under the law, in particular, under Section 175(3) of BNSS [Old Section 156(3) Cr.P.C.] to approach the Magistrate of competent jurisdiction to issue such a direction, but that too can be availed only when the attempt for registration of FIR by the SHO concerned, and, thereafter, SSP has resulted into a futile exercise. From the pleadings in the writ petition, there is nothing to
2 suggest that petitioner ever approached Police Station concerned for lodging of an FIR.
6. In this view of the matter, the writ petition is quite frivolous and deserves to be dismissed. Accordingly, the same is dismissed.
7. Pending application, if any, stands disposed of accordingly.
(Pankaj Purohit, J.) 05.03.2025 AK