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49# S-
* IN TIIE HIGH COURT OF
+ w.P.(cRL) 1364120rr
AFAQ HUSSAIN
Through:
VETSUS
STATE & ORS
DELHI AT NEW DELHI..... Petitioner
Mr.Vivek Sharma, Advocate.
* IN TIIE HIGH COURT OF
+ w.P.(cRL) 1364120rr
AFAQ HUSSAIN
Through:
VETSUS
STATE & ORS
DELHI AT NEW DELHI..... Petitioner
Mr.Vivek Sharma, Advocate.
..... Respondent
Through: Ms. Urvi Kuthiala, Advocate for Mr'
Rajesh Mahajan, Standing Counsel for the State with SI SatYendra'
Through: Ms. Urvi Kuthiala, Advocate for Mr'
Rajesh Mahajan, Standing Counsel for the State with SI SatYendra'
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
03.10.2011
By this petition the Petitioner seeks registration of FIR.
In view of the law laid down by the Hon'ble Supreme Court in
Gangadhar Janardan Mhatre vs. State of Maharashtra and Ors-, 2004 (7) scc 768, Minu Kumari & Anr. v/s state of Bihar & ors (2006) 4 SCC 359 and Aleque Padamsee & Ors v/s UOI & Ors, 2007 (6) SCC I7I has held that since an altemate remedy of filing a complaint case under Section 200
Cr. p.C. along with an application under Section 156 (3) Cr. P.C. is available to the petitioner, the writ petition seeking directions for registration of the
FIR is not maintainable.
Since an alternative remedy is available to the Petitioner he is at liberty to approach the learned Metropolitan Magistrate for the same'
The present petition is dismissed with liberty to the Petitioner to approach the learned Metropolitan Magistrate by filing a complaint under
Section 200 Cr.P.C. read with Section 156 (3) Cr.P'C' fi^r"Xfr"
/7-79--
'MUKTA GUPTA, J. ocToBER 03, Z0lll'vn'
2011:DHC:18256
03.10.2011
By this petition the Petitioner seeks registration of FIR.
In view of the law laid down by the Hon'ble Supreme Court in
Gangadhar Janardan Mhatre vs. State of Maharashtra and Ors-, 2004 (7) scc 768, Minu Kumari & Anr. v/s state of Bihar & ors (2006) 4 SCC 359 and Aleque Padamsee & Ors v/s UOI & Ors, 2007 (6) SCC I7I has held that since an altemate remedy of filing a complaint case under Section 200
Cr. p.C. along with an application under Section 156 (3) Cr. P.C. is available to the petitioner, the writ petition seeking directions for registration of the
FIR is not maintainable.
Since an alternative remedy is available to the Petitioner he is at liberty to approach the learned Metropolitan Magistrate for the same'
The present petition is dismissed with liberty to the Petitioner to approach the learned Metropolitan Magistrate by filing a complaint under
Section 200 Cr.P.C. read with Section 156 (3) Cr.P'C' fi^r"Xfr"
/7-79--
'MUKTA GUPTA, J. ocToBER 03, Z0lll'vn'
2011:DHC:18256
JUDGMENT