Plea Seeking FIR Registration Not Maintainable If Statutory Remedies Aren’t Availed Of: MP HC [Read Order]
The Madhya Pradesh High Court has dismissed a petition as not maintainable since the petitioner did not avail of alternate remedies before approaching the court for direction to command the police to perform its statutory duties.The petitioner sought direction to the police to lodge an FIR against Chief Minister Shivraj Singh Chouhan and Gurdwara Committee. The Madhya Pradesh High Court has dismissed a petition as not maintainable since the petitioner did not avail of alternate remedies before approaching the court for direction to command the police to perform its statutory duties. The petitioner sought direction to the police to lodge an FIR against Chief Minister Shivraj Singh Chouhan and Gurdwara Committee members, as the latter gifted a kirpan to the former publicly, allegedly committed offence punishable under Section 25 of Arms Act 1959. The Advocate-General opposed the petition on maintainability cited various judgment of the apex court and the high court stating writ of mandamus to compel the police to perform its statutory duty under Section 154 of the Criminal Procedure Code can be denied to the informant / victim for not availing alternative remedy under Sections 154, 156, 190 and 200 of the CrPC.
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