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Writ Jurisdiction For Registration Of FIR Can’t Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court

The Lucknow Bench of the Allahabad High Court observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail the alternative statutory remedies under the Code of Criminal Procedure, of approaching district police superintendents or magisterial court. “A complainant has statutorily engrafted remedies to ensure that his complaint is taken to its logical end. Thus, he must first exhaust said remedies and cannot invoke extra-ordinary writ remedy as a matter of course, even when crime is not registered and there is no progress in the investigation,” observed a Division Bench comprising of Justices Chandra Dhari Singh and Ramesh Sinha.

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