ALEQUE PADAMSEE AND ORS. versus UNION OF INDIA AND ORS.

ALEQUE PADAMSEE AND ORS. versus UNION OF INDIA AND ORS.

A writ petition under Article 32 is not the proper remedy for failure of police to register an FIR; instead, complainants should pursue remedies provided under Sections 190 and 200 of Cr.P.C. before the Magistrate. Non-grant of sanction under Section 196 Cr.P.C. is for the government to expedite.

Source-derived case information.

Parties
Petitioner: Aleque Padamsee and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
18 July 2007
Procedural Posture
Writ Petition (criminal) / Final Disposition
Outcome
Writ petitions disposed of.
Legal Topics
Writ Under Article 32, Registration of FIR, Preliminary Inquiry by Magistrate, Sanction for Prosecution Under S.196 Cr.p.c., Role of Police in Cognizable Offences
Constitutional Law Criminal Law Writ Under Article 32 Registration of FIR Preliminary Inquiry by Magistrate Sanction for Prosecution Under S.196 Cr.p.c. Role of Police in Cognizable Offences

Source-derived case record

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Parties

Aleque Padamsee and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Disposition

Legal Issues

  1. 1 Whether a writ can be issued to the police authorities to register an FIR
  2. 2 Remedy for failure/refusal by police to register an FIR
  3. 3 Procedure for sanction under Section 196 Cr.P.C.

Ratio Decidendi

A writ petition under Article 32 is not the proper remedy for failure of police to register an FIR; instead, complainants should pursue remedies provided under Sections 190 and 200 of Cr.P.C. before the Magistrate. Non-grant of sanction under Section 196 Cr.P.C. is for the government to expedite.

Court Disposition

Writ petitions disposed of.

Orders

  • Aggrieved persons by police inaction in registering FIR should adopt modalities in s.190 r/w s.200 Cr.P.C.
  • Remedy open in terms of the aforementioned provisions.