How To File Writ Petition For Registration Of Fir?

Every citizen in an open democracy has a right to justice as well as legal protection, and the supremacy of the law is upheld. The right to have an FIR (First Information Report) filed by the police adhering to the commission of an offence that is punished by law is an important part of this protection. 

Even when a crime has been committed, there are times when individuals experience trouble registering a formal complaint (FIR). A writ petition may serve as a useful legal instrument in these types of situations to make sure justice is served.

Writ of Mandamus: About

• The word mandamus literally translates to “we command.” A writ of mandamus is a formal order from a court compelling a public official, government official, or lower court to carry out a particular legal obligation.
• In common law jurisdictions, it is a remedy that can be used to make sure public officials or bodies follow the law. A writ of mandamus may be requested from the Supreme Court or High Court by any person who feels that a person, corporation, government, or inferior court has violated their right to perform a public duty and who wants to force that party to comply.
• Any individual or organization that has been harmed by a government official or entity’s failure to carry out a specific act or duty that is required by law may file a writ of mandamus in India.

Writ Petition for Registration of FIR: Grounds

In India, a writ petition for registration of FIR may be issued on the following grounds:

• If the government official or public authority serving as the respondent to the writ petition is legally obligated to register the FIR or abstain from registering the FIR.
• It is either the respondent to the writ petition’s failure to fulfil for registering the writ petition for registration of FIR or their illegal or unconstitutional actions.
• Due to the respondent’s illegal activity or failure to register the FIR, the petitioner (the person requesting the writ) has a legal right that is being violated.
• The writ of mandamus is the only avenue left to the petitioner of the writ petition for the protection of their legal rights by filing a writ petition for registration of FIR after all other avenues have been exhausted.

Writ Petition for Registration of FIR: Process Involved

• Initially, the person who feels wronged must go to a specific organization with the required paperwork, including proof of identity, proof of residence, and photos, among other things. 
• The writ petition for registration of FIR must then be drafted with legal assistance. The document contains the name, address, and circumstances that led to the infringement of the aggrieved party’s rights.
• The petition’s draft is then sent to the court following this procedure.
• The court will then schedule a hearing date, at which point it will accept the writ petition for registration of FIR and send a notice to the opposing party. A date is then provided to ensure that both parties will be present.
• Ultimately, following a hearing from both parties, the court renders a decision and provides the appropriate relief.

Writ Petition for Registration of FIR: Format

The writ petition for registration of FIR format is provided below:

The writ of mandamus is primarily used to uphold legal obligations and make public servants and authorities responsible for their deeds. It acts as a legal safeguard for people and organizations to uphold their legal rights and contest unlawful or inaction on the part of the government.

For any type of legal assistance, one can talk to lawyer from Lead India. Lead India provides free online legal advice in India. With Lead India, one can ask free online questions of the experts in addition to getting free legal advice.