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Judgment
Rajnesh Oswal, J
Instant petition has been filed by the petitioner for quashing order dated 03.08.2019 passed by the Court of Additional Mobile Magistrate, Pahalgam and also writ of mandamus commanding the official respondents to investigate the matter and register criminal case against the private respondents for the crime committed by them.
A perusal of the order impugned reveals that the petitioner has not complied with the mandate of section 154 Cr. P.C.
The learned counsel for the petitioner has placed reliance upon the written application that is marked as annexure-IX but it is not forthcoming from the said application that it was ever submitted before the SHO concerned since there is neither any receipt by the SHO concerned nor postal receipt. It is evident that the same has not been sent to the SHO concerned by post. There is nothing on record to demonstrate that the petitioner had ever approached the Sr. Superintendent of Police concerned.
In view of this, no fault can be found in the order impugned passed by the learned Magistrate. The prayer for directing the respondents to registered FIR against the private respondents also cannot be allowed, as the equally efficacious remedy is available to the petitioner to approach the Police concerned for registration of FIR and on refusal to register FIR, the petitioner can have resort to Section 156(3) Cr.P.C.
In view of the above, this petition is disposed of with a direction to the petitioner to avail remedy under law.
Disposed of.