Writ of Mandamus Denied: Court Directs Petitioner to Use Legal Remedies for FIR Inaction: Allahabad High Court

Allahabad High Court, Lucknow Bench reaffirmed that a writ of mandamus cannot be issued for compelling the police to lodge an FIR when alternative legal remedies are available. The court emphasized the petitioner's option to file complaints under Section 156(3) or Section 200 of the Criminal Procedure Code (CrPC) as more appropriate courses of action.

Arvind Kumar Singh, the petitioner, sought the court's intervention after the police failed to register his FIR regarding an application dated September 25, 2024. The petitioner contended that despite several attempts, the local police authorities, including the SHO of Hariyawan, Lucknow, did not act on his complaint. Frustrated by the inaction, he approached the court seeking a writ of mandamus to compel the police to lodge the FIR.

The key legal question before the court was whether a writ of mandamus could be issued to direct the police to lodge an FIR, especially when statutory remedies such as Section 156(3) and Section 200 CrPC were available to the petitioner. The court examined precedents, including the Supreme Court’s ruling in Lalita Kumari vs. Government of U.P. (2014), which mandates the registration of an FIR if a cognizable offence is disclosed.

The court acknowledged that, under Lalita Kumari, the police are required to register an FIR when a cognizable offence is apparent. However, it also referred to a previous ruling by the Allahabad High Court in Waseem Haider vs. State of U.P. (2021), which clarified that a writ petition for mandamus cannot be entertained when the petitioner has alternative remedies, such as approaching the magistrate under Sections 156(3) or 200 CrPC​.

Quoting Paragraph 45 of the Waseem Haider judgment, the court reiterated that mandamus would only be appropriate under exceptional circumstances as outlined in Whirlpool Corporation vs. Registrar of Trade Marks (1998). The petitioner, having not exhausted alternative remedies, did not meet the threshold for mandamus.

The High Court dismissed the writ petition, advising the petitioner to seek relief by filing a complaint under the appropriate provisions of the CrPC. This judgment further reinforces the principle that the judiciary will defer to statutory remedies in cases where the police fail to lodge an FIR unless exceptional circumstances justify intervention.

Date of Decision: October 1, 2024

Arvind Kumar Singh vs. State of U.P.