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Writ of mandamus

(Querist) 18 March 2018 This query is : Resolved 
I filed writ of mandamus in High court this month(march 2018)and listing is in April 2018 against police for inaction on my FIR and private respondents whom complaint was done but FIR was not booked against them. My question is can I approach magistrate for private complaint against police and others to book FIR against them ?
Vijay Raj Mahajan (Expert) 18 March 2018
You got stupid legal opinion from some fraud advocate who was money minded and took you to high court for filling Writ mandamus against police rather guiding you to file application under section 156 Cr. P. C in the court of the judicial magistrate for getting order of registering FIR.
Firstly your Writ will be dismissed on this very ground that rather exhausting provision for the registration of FIR through subordinate court you straight away came to the High Court.
Secondly you will be advised by the High Court too the same thing of moving application u/s 156 Cr. P. C with judicial magistrate for relief.
Problem with people like you is you throw money on fraud advocates and come here seeking free legal consultancy from experts as if these experts are obliged to provide free of cost legal consultancy.
Guest (Expert) 18 March 2018
Seems to be a vague hypothetical or academic query !
By the way, have not you been guided by your own lawyer, who may be fighting your case of writ of mandamus?
Kumar Doab (Expert) 18 March 2018
The Lawyer approached by you must have appraised you on logic for approaching HC…
This lawyer being aware of full facts of the matter can opine the best…
Kumar Doab (Expert) 18 March 2018
The HC may provide relief if convinced on merits in your matter.
Isn’t your lawyer confident?
GO thru;
“we hold that in the fact situation of the present case interference by this Court is inevitable in view of the finding that the police machinery acted malafide. “
Bombay High Court
Mrs. Charu Kishor Mehta vs State Of Maharashtra Ig on 26 November, 2010
Bench: A.M. Khanwilkar, A.P. Bhangale

https://indiankanoon.org/doc/1202763/

and relate with your matter…………

Dr J C Vashista (Expert) 19 March 2018
I endorse the expert advise of Mr. Jigyasu and elaborate explanatory expert advise of Mr. Vijay Raj Mahajan.
Revert to your lawyer for corrected approach.


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