HC expresses concern over petitions seeking registration of FIR, saying – knocking on the high court directly is wrong | HC expresses concern over petitions seeking registration of FIR, said- no writ petition for discharge of statutory liability


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Lucknow15 minutes ago

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The court said that in case of not registering an FIR in a cognizable offense, the complainant can file an application before the magistrate.

  • Court said- petition cannot be filed in the High Court for lodging FIR

The Lucknow bench of the Allahabad High Court has said in one of its decisions that a petition cannot be filed directly in the High Court seeking registration of an FIR. The court said that even after the police does not register a cognizable offense, the victim has the option to go before the magistrate.

The order was passed by a bench of Justice Ramesh Sinha and Justice Chandra Dhari Singh on the petition of Wasim Haider. In the petition, it was sought to direct the police officers to register an FIR in a case of fake banama.

Appeal before magistrate if FIR is not filed
The court expressed concern over the increasing number of petitions seeking registration of FIRs, saying that sections 154 (3), 156 (3), 190 and 200 of the CrPC provide that the FIR in cognizable offense by a police officer What measures can be adopted for refusal to file.

The complainant does not have the right to file the writ petition himself

Not adopting the measures given in the above provisions, writ petitions are being filed directly in the High Court. The court further said that the refusal to file an FIR does not automatically entitle the complainant to file a writ petition for the purpose of forcing the police officer to discharge his statutory liability while issuing his order. .

The court said that in case of not registering an FIR in a cognizable offense, the complainant can file an application before the magistrate.

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