AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsels for the parties.
The present writ petition has been filed seeking following reliefs:
“(i)Grant of compensation to the petitioner for the infringement of his fundamental right provided by the Article 21 of the Constitution of India.
AND
(ii)Initiate disciplinary / departmental proceeding against the Respondent No. 5 (SHO) for not registering FIR on the written application of the petitioner which disclose cognizable offence.
AND / OR
(iii)Grant any other relief which Hon’ble Court deem fit in the given facts and circumstances of the case.”
3.Apparently, the relief sought by the petitioner for
grant of compensation or initiation of Departmental proceeding against respondent no. 5 would not fall within the purview of the criminal writ under Article 226 of the Constitution of India, though the petitioner has other remedies available under the extant provisions of law. To stress the point that for taking action against an erring official who refused to lodge FIR if cognizable offences are made out, learned counsel for the petitioner has referred to the paragraph no. 22 of the case of Imran Pratapgadhi v. State of Gujarat and Anr., reported in 2025 INSC 410, which quoted the case of Lalita Kumari v. Government of Uttar Pradesh, reported in (2014) 2 SCC 1, wherein it has been held that action could be taken against such police officers. This order was passed in a criminal appeal and the misconduct on part of respondent no. 5 arises in a criminal proceeding. Therefore, criminal writ is maintainable.
I think submission made on behalf of the petitioner is misconceived. The subject matter of criminal writ jurisdiction is clearly defined under different heads which are as under:
| Case Type | Group | Subject | Code | |
|---|---|---|---|---|
| 54. Criminal Writ | 1 | CR.WJC | 136 | |
| 54. Criminal Writ | 2. | QUASHING THE FIR | 141 | |
| Jurisdiction Case | 54. Criminal Writ | 3. | A. For quashing of FIR/Chargesheet/Proceedin | 142 |
| gs etc. | ||||
| 54. Criminal Writ | 4. | B. For providing security | 143 | |
| 54. Criminal Writ | 5. | C. Proper Investigation | 144 | |
| 54. Criminal Writ | 6. | D. Harassment by Police | 145 | |
| 54. Criminal Writ | 7. | E. For Recovery/Release/Producti on of Human being etc. | 146 | |
| 54. Criminal Writ | 8. | F. For Release of Vehicle/Article etc. | 147 | |
| 54. Criminal Writ | 9. | G. For RegisteringFIR | 148 | |
| 54. Criminal Writ | 10. H. For Release from Custody | 149 | ||
| 54. Criminal Writ | 11. I. Arising out of Judicial Order/Proceedings etc. | 150 | ||
| 54. Criminal Writ | 12. J. Arising out of Executive Court’s Order/Proceedings etc. | 151 | ||
| 54. Criminal Writ | 13. K. Against the order of Sanction for prosecution etc. | 152 | ||
| 54. Criminal Writ | 14. L. For Enquiry of Misappropriation/Irregularity etc. | 153 | ||
| 54. Criminal Writ | 15. M. Miscellaneous | 154 | ||
| 54. Criminal Writ | 16. N. For Execution of warrant. | 155 |
If subject matter of a writ petition falls under any of the aforementioned categories, a criminal writ would be entertainable. But, by no stretch of imagination, for grant of compensation or for initiation of Departmental proceeding or disciplinary proceeding, the recourse of criminal writ could be taken. The Hon’ble Supreme Court in the case of S.A.L. Narayan Row & Anr. v. Ishwarlal Bhagwandas & Anr., reported in (1965) 57 ITR 149, has held as under:
“A civil proceeding is therefore one in which a person seeks to enforce by appropriate relief the alleged infringement of his civil rights against another person or the State, and which if the claim is proved would result in the declaration express or implied of the right claimed and relief such as payment of debt, damages, compensation, delivery of specific property, enforcement of personal rights, determination of status etc.”
Therefore, it is immaterial whether the matter arises out of a criminal proceeding, but it is the end result which matters. Now, grant of compensation or direction for initiation of Departmental proceeding / disciplinary proceeding entails civil consequence and for such relief, the remedy lies before the Bench having civil writ jurisdiction.
Having regard to the aforesaid discussion, finding that the writ could not be entertained with regard to relief sought, the present writ petition is disposed of.
However, the petitioner has liberty to have recourse of law in appropriate proceeding before appropriate forum.