Vijaysing v. The State of Mah & Ors.
Case at a glance
Provisions considered
- Constitution of India art. 226
- Code of Criminal Procedure, 1973 s. 156(3)
Key paragraphs
- Para 33. A reference may also be made to the judgment of the Supreme Court in Sakiri Vasu vs. State of U.P., AIR 2008 Supreme Court 907, wherein the Supreme Court has held that the aggrieved complainant has 3 Criminal W.P.No.476 of 2011 an alternate remedy…
Judgment
register the FIR whenever facts brought to their notice show that cognizable offence has been made out. In case the police officials fail to do so, the modalities to be adopted are as set out in section 190 read with section 200 of the Code. " The Supreme Court at paragraph 8 has held :- "(1) If any person is aggrieved by the inaction of the police officials in registering the FIR, the modalities contained in section 190 read with section 200 of the Code are to be adopted and observed; (2) It is open to any person aggrieved by the inaction of the police officials to adopt the remedy in terms of the aforesaid provisions. "
A reference may also be made to the judgment of the Supreme Court in Sakiri Vasu vs. State of U.P., AIR 2008 Supreme Court 907, wherein the Supreme Court has held that the aggrieved complainant has 3 Criminal W.P.No.476 of 2011 an alternate remedy available under section 156 (3) of the Code of Criminal Procedure. In that light of the matter, the petitioner has remedies available in law, which the petitioner may avail of.
We, thus, see no merit in the petition and the petition is, therefore, summarily dismissed with no order as to costs. ( A.V. POTDAR, J.) ( P.V.HARDAS, J.) amj/criwp476.11
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Code of Criminal Procedure, 1973 — s. 156(3).
Which court decided this case, and when?
Bombay High Court, on 27 Jun 2011. The bench was P V HARDAS, A V POTDAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.