Writ Cannot Be Issued To Compel Police To Register FIR: Orissa High Court Reiterates

The Orissa High Court has reiterated that a writ of mandamus cannot be issued to the Police compelling it to register an FIR unless a complaint is raised before the Magistrate regarding the non-registration of FIR.

The Court was considering an Application seeking registration of an FIR against the erring Police Officials involved in the incident and carry on an investigation.

The Bench of Justice Chittaranjan Dash held,"....The Hon’ble Supreme Court in the case of Aleque Padamsee and Others, reported in (2007) 6 SCC 171, has held that whenever any information is received by the police about the alleged commission of offence which is a cognizable one there is a duty to register the FIR. There can be no dispute on that score. The only question is whether a writ can be issued to the police authorities to register the same. The basic question is as to what course is to be adopted if the police does not do it. As was held in All India Institute of Medical Sciences Vs. Union of India (UoI) And Ors., reported in 1996 (11) SCC 582, and re-iterated in Gangadhar Janardan Mhatre Vs. State of Maharashtra and Ors., reported in (2004) 7 SCC 768, the remedy available is as set out above by filing a complaint before the Magistrate."

The Applicant was represented by Advocate P. K. Mishra while the Respondent was represented by Additional Public Prosecutor R. B. Dash.

Facts of the Case

It was alleged that the Petitioner led a mob, the one that went violent and obstructed the Police from discharging their official duty in dispersing the mob who were bent upon to take the law into their hand and attempted to go for mob lynching of three persons allegedly, to have attempted to commit robbery. The Petitioner was alleged to have instigated the public against the Police, thereby a mob getting involved in the incident of attempt to lynch three minor boys who were kept captive by the Petitioner and others. On the attempt being made by the Police to rescue the minor boys, the Petitioner, and the public at the instigation of the Petitioner became more violent and furious and attacked the three boys by entering into a clubroom where they have been confined overnight.

In counter, the Petitioner lodged a complaint falsely alleging against the Police personnel to get the complaint registered as FIR. The said complaint was not registered as FIR; therefore the present Application.

Counsel for the Petitioner submitted that the inaction of the Police, by not registering the FIR is in contravention of the direction issued by the Supreme Court in Lalita Kumari Vs. Govt. of U.P. and Others. He also referred to the decision in the matter of Pradeep Nirankarnath Sharma Vs. State of Gujurat and Others, (2025), wherein the Supreme Court has reiterated with regard to the circumstances in which the FIR is to be registered by the Police, mandatorily.

Reasoning By Court

The Court at the outset noted that the moot question for consideration is with regard to a direction to the Police to register the FIR. It thus reiterated that a writ of mandamus cannot be issued to Police compelling it to register an FIR unless complaint is raised before the Magistrate regarding non-registration of FIR.

"As far as the verdict of the Hon’ble Apex Court in the case of Lalita Kumari Vs. Govt. of U.P.& Ors (Supra) as referred to by the learned counsel herein, does not pertain to the issue of entitlement to writ of mandamus for compelling the Police to perform statutory duty under Section 154 Cr.P.C. (S.173 BNSS) without availing remedy under Sections 156(3) Cr.P.C. (S.175(3)BNSS), 190 Cr.P.C. (S.190 BNSS), and 200 Cr.P.C. (S.223 BNSS)", the Court observed.

The Application was accordingly dismissed.

Cause Title: Dwaru Patra vs. State of Odisha and Others

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