HIGH COURT

Querist : Anonymous (Querist) 18 December 2009 This query is : Resolved
Can one move to High Court challenging, inaction of police to register FIR directly without going to magistrate? When and how?

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Raj Kumar Makkad (Expert) 18 December 2009
Yes but in most exceptional circumstances.

Arvind Singh Chauhan (Expert) 18 December 2009
(1)It is the bounden duty of police to register FIR, if the offence is cognizable.

(2)If the offence is non cognizable police cant deny to register, Police will register NCR (Non cognizable report)and shall give a copy to reporter. But In case of NCR police can not investigate without the permission of court.

(3)But in some exceptional cases as opined by Learned Raj Sir, you have only remedy to approach to court for complaint, as For the Offences related to marriage 494
IPC e.t.c

If your case comes under the category (1) and (2) You can approach to HC. against police. If your purpose is only to lodge report. I will advice to apply under Sec 156(3) or 155(2) Cr.P.C.

Kiran Kumar (Expert) 18 December 2009
dear friend earlier HC used to direct registration of FIR under S.482 Cr.P.C...but later on there Hon'ble SC delivered few judgments which would say that HC can not pass such directions as the aggrieved can file complaint directly before the Magistrate.

you may take chance before the HC but its not sure whether such direction will be issued or not.

Devajyoti Barman (Expert) 18 December 2009
You can surely move the High Court against Police inaction by invoking writ jurisdiction under Article 226 of the Constitution of India praying for issuance of Rule of Mandamus.

Ajay Bansal (Expert) 20 December 2009
yes.you may either go to direct High Court or go to court of Ilaqa Magistrate.

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