High CourtsSingle Bench(2010) 04 GUJ CK 0071

Nagardas Jethalal Joshi vs Police Inspector and Others

Gujarat High Court · Decided on 5 April 2010

HON’BLE JUDGES
Bhagwati Prasad, J
RESULT
Dismissed
CASE NUMBER
Special Criminal Application No. 633 of 1999

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Judgment

3 paragraphs · 189 words

Bhagwati Prasad, J.—The present petition has been filed primarily for the following reliefs:

(A) Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent No. 1 to register an FIR against respondent No. 4 and 5 for the offences punishable u/s 380, 452 r/w 114 of the Indian Penal Code and Section 3(1)(v) of the S.C. & S.T. (Prevention of Atrocity) Act, 1989 or such other offence as the facts of the case may warrant.

2.

Thus, for all practical purposes, the present petition is filed for a direction to the Police for registering an FIR. The petitioner has alternative remedy of filing a complaint before the Judicial Magistrate First Class. Therefore, asking this Court to pass a direction is a misconceived effort. In any case, the Honourable Supreme Court has in the case of Sakiri Vasu Vs. State of U.P. and Others, held that no writ petition would lie for a direction to the police for registering the case. In that view of the matter, the present petition is held not maintainable. Hence, dismissed.