Madhya Pradesh High Court: Not availing the alternate remedies provided under the statute would render an application for the registration of a First Information Report (FIR) as ‘not maintainable’

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Justice Vijay Kumar Shukla of the Madhya Pradesh High Court rendered a petition as ‘not maintainable’ and rejected on the grounds that the plaintiff had failed to make use of any alternate measures available under the statue before approaching the court for issuance of directions for the registration of a first information report as ‘not maintainable’.

The petition was filed with the sole objective of regulating any individual other than a Sikh from possessing and carrying a razor-sharp knife that has a blade that is more than six inches in length and two inches in width in public. Members of the Sikh community are the only ones who have a right to carry these in accordance with their religious beliefs.

The petitioner in is petition prayed for the issuance of directions to the police for the registration of an FIR on ground that the gifting of a ‘Kirpan’ was gifted to the respondent, which was in violation of clause 25(1-b)(b) of the Arms Act 1959. The petitioner also contended that no action had been taken by the police, despite being provided with the evidence in the form of a photograph for the registration of the FIR. The court rejected the contentions of the petitioner and dismissed the suit on grounds of the suit being not maintainable.

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