Informant Cannot Approach High Court for Registration of FIR

The Allahabad High Court at Lucknow has recently stated that an informer or a victim cannot directly file a petition in the High Court seeking an FIR registration.

Hon’ble Court observed that even if the Police did not register an FIR, the victim should approach the judicial magistrate.

A Division Bench of Hon’ble Justice Ramesh Sinha and Hon’ble Justice Chandradhari Singh has passed the order in a petition filed by one Waseem Haider.

In the instant case, the petitioner requested the court to direct the Police to register an FIR concerning false sales deed case.

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The Bench observed an increase in petitions seeking registration of FIR in the High Court instead of taking the route mentioned in Section 156(3), 1554(3), 200 and 190 of the Indian Penal Code, when Police refuse to register a case.

According to Bench, if Police refuse to register an FIR, the petitioner does not directly approach the High Court. In such cases, the petitioner should first approach the Judicial Magistrate.

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