The present Petition has been filed by the Petitioner under Articles 14 and 226 of the Constitution of India as well as under the provisions of the Criminal Procedure Code for the prayer that Notice may be issued to the Respondent No.2 to show cause as to why action should not be taken for non-registration of the complaint . It is also prayed that direction may be given to the Respondent authorities to register the complaint.
Though such averments have been made, there is a specific provision for filing a private complaint before the Court of Magistrate and the Petitioner can have a recourse of filing the appropriate application instead of filing the present Petition.
The Hon'ble Apex Court in case of Gangadhar Janardan Mhatre v. State of Maharashtra and Ors., (2004) 7 SCC 768 has observed:
"When the information is laid with the police, but no action in that behalf if taken, the complainant is given power under Section 190 read with Section 200 of the Code to lay the complaint before the Magistrate having jurisdiction to take cognizance of the offence ................. In case the Magistrate after recording evidence finds a prima facie case, instead of issuing process to the accused, he is empowered to direct the police concerned to investigate into offence under Chapter XII of the Code."
It has been further observed:
"The writ application was not the proper remedy, and without availing the remedy available under the Code, the appellant could not have approached the High Court by filing the writ application."
Therefore, in light of this clear observations, this Petition cannot be entertained and such directions as prayed for cannot be issued straightway. Therefore, the present Petition deserves to be dismissed and accordingly stands dismissed.
However, it is clarified that it would be open for the Petitioner to make necessary application under the Criminal Procedure Code and can have a recourse as may be advised in accordance with law.
(Rajesh H. Shukla,J) Jayanti* Top