Can't Move HC Directly Seeking Registration Of FIR Without First Approaching Magistrate Under Section 156(3) CrPC :...
Often, when police refuse to register an FIR despite disclosure of a cognizable offence, people try to approach the High Court under Article 226 of the Constitution or Section 482 CrPC (inherent powers of HC).
But the Supreme Court and various High Courts have consistently held that a person cannot directly move the High Court in such matters without first exhausting alternative remedies, particularly approaching the Magistrate under Section 156(3) CrPC.
Relevant Legal Provisions
Section 154 CrPC – Police must register an FIR if a cognizable offence is disclosed.
Section 156(3) CrPC – If police refuse, the complainant can approach the Magistrate, who can order investigation.
Section 482 CrPC – Inherent powers of High Court (to prevent abuse of process or to secure justice).
Article 226 of Constitution – High Court has writ jurisdiction (including directions for registration of FIR).
Judicial Stand
1. Sakiri Vasu v. State of U.P. (2008)
Facts: The petitioner approached the HC directly for FIR registration.
Held: Supreme Court held that the complainant should first approach the Magistrate under Section 156(3) CrPC instead of invoking writ jurisdiction or Section 482.
Principle: High Courts should not entertain such petitions when an effective alternative remedy exists.
2. Aleque Padamsee v. Union of India (2007)
Held: When police refuse to register FIR, the aggrieved person must approach the Magistrate under Section 156(3) CrPC, not directly the High Court.
3. Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage (2016)
Facts: Direct petition to HC seeking FIR registration.
Held: Supreme Court reiterated that such petitions are not maintainable.
Principle: High Courts should refuse such prayers and direct parties to approach the Magistrate.
4. Lalita Kumari v. Govt. of U.P. (2014) (Constitution Bench)
Held: Registration of FIR is mandatory where information discloses a cognizable offence.
However, if police still refuse, the proper remedy is Section 156(3) CrPC, not directly HC.
Reasoning of Courts
Alternative Remedy Doctrine: Courts discourage bypassing available statutory remedies.
Judicial Discipline: High Courts should not become the first forum for routine grievances like FIR registration.
Workload Consideration: If every complainant directly approached HC, the system would collapse.
Role of Magistrate: Section 156(3) gives Magistrates supervisory power over police investigations, ensuring accountability.
Key Takeaways
Direct writ petition or Section 482 application before High Court for FIR registration is not maintainable (except in exceptional circumstances like gross violation of fundamental rights).
Proper procedure:
Approach Police under Section 154 CrPC.
If refused, complainant may file before SP under Section 154(3) CrPC.
If still no action, move to Magistrate under Section 156(3) CrPC.
Only in rarest cases, High Court can be directly approached.
✅ Leading Case Laws to Remember:
Sakiri Vasu v. State of U.P. (2008)
Aleque Padamsee v. Union of India (2007)
Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage (2016)
Lalita Kumari v. Govt. of U.P. (2014)
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