2025:UHC:5947 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.723 of 2025 Hon’ble Pankaj Purohit, J. Mr. Vinod Nautiyal, learned counsel for the petitioner, appeared through video conferencing. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/ respondent Nos.1 to 3. 3. By means of the present writ petition, the petitioner has sought the indulgence of this Court in the nature of Mandamus for directing the respondent Nos.2 and 3 to constitute S.I.T. in a matter of petitioner submitted on 27.10.2023 and to investigate and lodge FIR in the matter against the respondent No.4 for cheating the petitioner. 4. In substance from the prayer, it is reflected that the present writ petition has been filed by the petitioner for lodging of the First Information Report. This cannot be done by this Court. The BNSS has a clear scheme, as to how in case of refusal of FIR by SHO what legal recourse would available to the petitioner. The legal recourse available to the petitioner in case of denial of lodging the FIR by the SHO, is given in Section 173 of the BNSS and if despite making the application to the SSP, the FIR is not lodged, then the petitioner has got remedy to move an application before the learned Magistrate of the area 2025:UHC:5947 having jurisdiction requesting for a direction to the police authorities to lodge the First Information Report, under Section 175(3) of the BNSS 2023. 5. From perusal of the record, it transpires that the petitioner straightway came to this Court without availing the aforesaid remedies available to him. Therefore, this Court declines to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India, as the complete procedure has been prescribed for the petitioner. 6. Accordingly, the present writ petition is dismissed in-limine. 7. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 10.07.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadb e38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE 81FAE064498483A83D84BDB0F9229D5BF08 D959AC, cn=PREETI NEGI Date: 2025.07.10 16:14:35 +05'30'