If the remedy of filing a private complaint is available, a writ petition under Article 226 of the Constitution of India or a petition under section 482 of the Code should not be entertained. But in gross cases of grave injustice, like non registration of a cognizable offence committed by a police officer availability of alternative remedy should not persuade the court to deny the petitioner the necessary relief by rejecting his writ petition filed under Article 226 of the Constitution or petition filed under section 482 of the Code. Whether such petitions should be entertained or not must be decided on the facts of each case and must be left to judicial discretion. Obviously such petitions would be entertained in exceptional cases of grave injustice.
If there is inaction of the police officials in registering FIR, the aggrieved person can lay the complaint under Section 190 or 200 of Code of Criminal Procedure before the Magistrate having jurisdiction.
KALPANA KUTTY VS. STATE OF MAHARASHTRA 2008-ALL MR (Cri)-62
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