AI Structured Summary
Not yet generated for this judgment
Judgment
Pankaj Purohit, J
Heard learned counsel for the parties.
By means of this writ petition, petitioner seeks indulgence of this Court for a direction to the respondent nos.1 & 2 to decide the application dated 18.09.2024 submitted by the petitioner.
By means of the application dated 18.09.2024 submitted by the petitioner, petitioner wants to register an FIR against her husband i.e. Shri Ankush Raman Sharma.
On instructions, it is submitted by learned State Counsel that now the petitioner and her husband-Shri Ankush Raman Sharma are living cordially at 402, Dwarika Apartment, Ganeshpur Vatika, Roorkee, District Haridwar, which is the address given in the petition itself and therefore, no direction is required for registration of the crime.
Be that as it may, even otherwise, this Court cannot direct for registration of the FIR for the reason that in any case, where the FIR is not lodged by the SHO, petitioner has got remedy to file an application before the SP under Section 173(4) of BNSS Act, 2023 and if the SP fails to get the FIR registered, petitioner has got a remedy under Section 175(3) of the BNSS Act, 2023 to move an application supported by an affidavit to the Magistrate empowered under Section 210 of the BNSS Act, 2023, for registration of first information report against any person.
Accordingly, there is nothing in the writ petition to interfere with and the same is dismissed in-limine.
Pending application, if any, stands disposed of accordingly.