Geeta Devi v. The State Of Bihar, Through The Home Department, Government Of Bihar, Old Secretariat, Patna-800001
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.706 of 2018 ====================================================== Geeta Devi, W/o Gopal Sharma, R/o Patliputra Path, Near Telephone Exchange Road, P.S.- Kadamkuan, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar, through the Home Department, Government of Bihar, Old Secretariat, Patna-800001.
2. The Director General of Police, Bihar.
3. The Senior Superintendent of Police, Patna.
4. The Officer In Charge, Kadamkuan P.S., Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar For the Respondent/s : Mr. Prabhat Kumar Verma (AAG-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-03-2018 This Court would not encourage filing of the criminal writ application under Article 226 of the Constitution of India directly before this Court for lodging an FIR. The Court is reminded itself to the judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. & Ors. reported in (2008) 2 SCC 409 which has been recently followed in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. reported in (2016) 6 SCC 277.
It appears that the petitioner has submitted an application with the officer in-charge of Kadamkuan Police Station, Patna and thereafter has directly moved this Court without exhausting the remedies which are available under the provisions
Patna High Court Cr. WJC No.706 of 2018 (2) dt.30-03-2018 of the Cr.P.C. before a regular court.
The application is thus not fit to be entertained. The same is, accordingly, dismissed.
The petitioner is at liberty to avail of her remedy in accordance with law as per the aforesaid judgment under the provisions of the Cr.P.C.
It is made clear that this Court has not expressed any opinion on the merits of the matter.
(Rajeev Ranjan Prasad, J) Arvind/- U T