Yusuf Kuresi & Others vs State Of Uttarakhand & Others

Pankaj Purohit, J

By means of the present writ petition, petitioners have sought the indulgence of this Court for issuing a mandamus directing the respondents to decide the complaint dated 11.04.2025 (annexure no.1 to the writ petition) made by the petitioners in the light of order passed by this Court in WPCRL No.1099 of 2020, Ashish Bhargav vs. State of Uttarakhand & others (annexure no.3 to the writ petition).

It is contended by learned counsel for the petitioners that respondent nos.3 & 4 are blackmailing the petitioners and they are indulged in the extortion from the petitioners. He further contends that petitioners’ FIR is not being registered by the police despite visiting police station several times. He also relied upon the judgment rendered by this Court in Criminal Writ Petition No.1099 of 2020, Ashish Bhargav vs. State of Uttarakhand & others to submit that police is bound to lodge the FIR as and when a cognizable offence is prima facie made out against any person.

I do not find any substance in the arguments submitted by the petitioners simply for the reason that law provides remedy in such a situation as prescribed under Section 156(3) Cr.P.C. (new Section 175(3) of BNSS, 2023) as to what to be done when the first information report is not being lodged by the police. Since the petitioners have remedy which is given under the statute, therefore, the present criminal writ petition is dismissed in-limine.

However, it is provided, if such an application is moved by the petitioners before the court of competent jurisdiction under the aforesaid sections of the Cr.P.C/BNSS, 2023, the court of competent jurisdiction shall proceed with the matter expeditiously in accordance with law.

Pending application, if any, stands disposed of accordingly.