Madhya Pradesh High Court
Smt. Kailasho Devi Chansoriya vs The State Of Madhya Pradesh on 4 October, 2017
THE HIGH COURT OF MADHYA PRADESH
WA-353-2017
sh
(SMT. KAILASHO DEVI CHANSORIYA Vs THE STATE OF MADHYA PRADESH)
e
Order Number :
ad
Jabalpur, Dated : 04-10-2017
Pr
Shri Sandeep Shukla, Advocate for the appellants.
Smt. Namrata Agrawal, Government Advocate for the
a
hy
respondents/State.
ad M Challenge in the present appeal is to an order passed by the learned Single Bench on 14.2.2017 in Writ Petition No.15410/2016, of whereby the writ petition filed by the appellants for a direction rt ou against the respondents to register an F.I.R. remained unsuccessful.
C h The question as to whether the High Court in a writ petition ig could direct registration of the FIR has been examined by the H Hon'ble Supreme Court in a judgment decided on 12.4.2010, reported as Sudhir Bhaskar Rao Tambe Vs. Hemant Yashwant Dhage and others (2016) 6 SCC 277. It has been held that writ Court should not issue directions to register an FIR though in the case of Lalita Kumari Vs. Government of U.P. (2014) 2 SCC 1, the Hon'ble Supreme Court held that the registration of the FIR is the mandatory duty of the police.
This court in Shweta Bhadauria Vs. State of M.P. and sh others 2017(1) MPJR 247 relied upon Sudhir Bhaskar Rao e ad Tambe Vs. Hemant Yashwant Dhage and others (2016) 6 SCC 277 to hold that there could not be any direction for registration of the FIR by the writ Court. Such decision has been Pr a hy followed by another Division Bench in Writ Appeal No.594/2017- ad Dharmendra Sonkar Vs. State of M.P. and others decided on M 20.9.2017.
of In view of the said facts, present writ appeal against the order rt passed by the learned Single Bench declining to issue a direction ou for registration of the FIR does not warrant any interference. The C same is dismissed.
h
ig
(HEMANT GUPTA) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
H
C
Digitally signed by CHRISTOPHER PHILIP
DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=482005, st=Madhya Pradesh, 2.5.4.20=8b08d804553df19ff5378dc648d203e10f08e120c9c20505ca205b5cf060dbf3, cn=CHRISTOPHER PHILIP Date: 2017.10.09 16:53:08 +05'30'