Case Note & Summary
The petitioner, Brinda Kush Shah, through her father and power of attorney holder, filed a Special Criminal Application under Article 226 of the Constitution seeking directions to the police to register an FIR based on her complaints dated 06.08.2024 and 18.10.2025. She alleged physical and mental torture by her husband, Kush Shah, and submitted WhatsApp messages showing threats and admissions of extra-marital affairs and bootlegging. Despite multiple complaints to the Santej Police Station and a representation to the Superintendent of Police, Gandhinagar, no action was taken. The High Court, after hearing Senior Advocate Mr. Yatin Oza for the petitioner and the APP for the State, found that the WhatsApp messages clearly disclosed a cognizable offence. The court relied on the precedent in Sindhu Janak Nagargoje v. State of Maharashtra to hold that the police have a mandatory duty to register an FIR when a cognizable offence is made out. The court allowed the petition, directing the police to register an FIR based on the complaint dated 06.08.2024 and to investigate the matter, with the Superintendent of Police to supervise the investigation. The court also directed the petitioner to cooperate with the investigation.
Headnote
A) Criminal Procedure - Registration of FIR - Duty of Police - Section 154 CrPC - The police have a mandatory duty to register an FIR when a complaint discloses a cognizable offence. Failure to do so entitles the aggrieved person to seek a writ of mandamus from the High Court under Article 226 of the Constitution. (Paras 1-7) B) Constitutional Law - Writ of Mandamus - Article 226 - Non-registration of FIR - Where the police fail to act on a complaint disclosing a cognizable offence, the High Court can direct registration of FIR and supervise investigation to ensure justice. (Paras 1-7)
Issue of Consideration
Whether the police authorities are obligated to register an FIR when a complaint discloses a cognizable offence, and whether the court can issue a writ of mandamus directing such registration.
Final Decision
The petition is allowed. The police are directed to register an FIR based on the complaint dated 06.08.2024 and investigate the matter. The Superintendent of Police, Gandhinagar shall supervise the investigation. The petitioner is directed to cooperate with the investigation.
Law Points
- Duty of police to register FIR on cognizable offence
- Writ of mandamus for non-registration of FIR
- Right to access justice under Article 226
