Case Note & Summary
The petitioner, Brinda Kush Shah, through her father and power of attorney holder Rameshbhai Babaldas Panchal, filed a Special Criminal Application under Article 226 of the Constitution of India before the Gujarat High Court seeking a direction to the police to register an FIR based on her complaints dated 06.08.2024 and 18.10.2025. The petitioner alleged that she was subjected to physical and mental torture by her husband, Kush Shah, and that her husband had threatened her via WhatsApp messages to leave his life or face harm to herself and her family. The WhatsApp messages also revealed that the husband admitted to having extra-marital affairs and was involved in bootlegging, with an FIR already registered against him for that activity. The petitioner first submitted a complaint to the Police Inspector, Santej Police Station on 06.08.2024, followed by another application by her father on 13.01.2025, and a representation to the Superintendent of Police, Gandhinagar on 18.10.2025. Despite these complaints, no action was taken by the police. The petitioner approached the High Court seeking a writ of mandamus to compel the police to register the FIR. The court heard learned Senior Advocate Mr. Yatin Oza for the petitioner and learned APP Mr. Kanva Antani for the State. The court examined the WhatsApp messages and found that they clearly disclosed a cognizable offence. The court relied on the precedent in Sindhu Janak Nagargoje v. State of Maharashtra (2023) and held that the police have a statutory duty under Section 154 of the Code of Criminal Procedure, 1973 to register an FIR when a cognizable offence is disclosed. The court allowed the petition, directing the respondent police authorities to register the FIR based on the petitioner's complaints and to investigate the matter in accordance with law. The court also directed the Superintendent of Police, Gandhinagar to supervise the investigation.
Headnote
A) Criminal Procedure Code - Registration of FIR - Duty of Police - Section 154 CrPC - The police are duty-bound 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 of India. (Paras 1-7) B) Constitutional Law - Writ of Mandamus - Article 226 - Non-registration of FIR - Where the police fail to register an FIR despite a cognizable complaint, the High Court may direct the police to register the FIR and investigate the matter. (Paras 1-7)
Issue of Consideration
Whether the police authorities are bound to register an FIR when a complaint discloses a cognizable offence, and whether the High Court can issue a writ of mandamus directing registration of FIR upon failure of police to do so.
Final Decision
The petition is allowed. The respondent police authorities are directed to register the FIR based on the complaints dated 06.08.2024 and 18.10.2025 and investigate the matter in accordance with law. The Superintendent of Police, Gandhinagar is directed to supervise the investigation.
Law Points
- Duty of police to register FIR on cognizable offence
- Mandamus for non-registration of FIR
- Section 154 CrPC
- Article 226 Constitution of India
