HARI SINGH versus THE STATE OF U.P.

HARI SINGH versus THE STATE OF U.P.

Writ petition under Article 32 for a CBI inquiry is not maintainable when there are adequate remedies under the Code of Criminal Procedure to approach the Magistrate if police do not act on an FIR.

Parties
Petitioner: Hari Singh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
16 June 2006
Procedural Posture
Writ Petition (criminal) Under Article 32 / Supreme Court Final Decision
Outcome
Writ Petition dismissed.
Legal Topics
Maintainability of Writ Petition Under Article 32, Procedure When Police Do Not Act on FIR, CBI Inquiry Directions, Chapter XV Cr PC Procedure
Constitutional Law Criminal Law Maintainability of Writ Petition Under Article 32 Procedure When Police Do Not Act on FIR CBI Inquiry Directions Chapter XV Cr PC Procedure

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Parties

Hari Singh

Petitioner

State of U.P.

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 / Supreme Court Final Decision

Legal Issues

  1. 1 Whether a writ petition under Article 32 is maintainable for seeking a CBI inquiry when police do not act on FIR
  2. 2 What remedies are available to a complainant when police allegedly do not investigate a cognizable offence

Ratio Decidendi

Writ petition under Article 32 for a CBI inquiry is not maintainable when there are adequate remedies under the Code of Criminal Procedure to approach the Magistrate if police do not act on an FIR.

Court Disposition

Writ Petition dismissed.

Orders

  • Writ petition is accordingly dismissed.