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Mandamus for Police Inaction

Prerogative Writs & Extraordinary Remedies

Definition

A writ of Mandamus sought under Article 226 by a crime victim directing the police to perform their statutory duty under Section 154 CrPC / Section 173 BNSS to register a First Information Report (FIR) when a cognizable offence is disclosed.

Example

In Lalita Kumari v. Government of U.P., a Constitution Bench in an Article 32 petition held that the registration of an FIR is mandatory under Section 154 if information discloses the commission of a cognizable offence, and issued directions enforcing compliance.