Shiv Singh Rawat v. Commissioner Of Police & ORS

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 75/2017 & Crl. M.A. No. 376/2017 SHIV SINGH RAWAT ..... Petitioner Through : Mr. Rajinder Kumar Uppal, Adv.

versus COMMISSIONER OF POLICE & ORS.

..... Respondents Through Mr. Ashish Aggarwal, ASC with Mr.

Piyush Singhal, Adv. for the State

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.01.2017 Petitioner seeks registration of the FIR under Sections 304/120-B IPC against the erring doctor and the hospital. In Sakiri Vasu Vs. State of U.P. and Others, AIR 2008 SC 907, Supreme Court has held as under:- "26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then

should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies?"

Accordingly, I am not inclined to entertain this writ petition and the same is dismissed. Miscellaneous application is disposed of as infructuous. A.K. PATHAK, J.

JANUARY 10, 2017 rb