Dr. Niranjan Kr. Awasthi v. The State Of Bihar Through District Magistrate Gaya And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1049 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- GAYA =========================================================== Dr. Niranjan Kumar Awasthi, Son of Late D.S. Awashti, Residence of Telephone Exchange Compound, Guraru Mathura Pur Road, P.S. - Guraru, District - Gaya. .... .... Petitioner
Versus
1. The State of Bihar through District Magistrate Gaya.
2. The Superintendent of Police, Gaya.
3. The Officer-in-Charge, Guraru, Police Station, Gaya.
4. Nirmal Kumar Awasthi, Son of Sheo Shankar Awasthi, Resident of Baba Baksha, Guraru Mathura Pur Road, P.S. - Guraru, District- Gaya. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Ms. Archana Shahi with Vijaya Laxmi Srivastava, Advocates For the Respondent/s : Mr. Satyapal Singh, AC to SC-15. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 03-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The grievance of the petitioner is that despite lodging an information about commission of cognizable offence, the police have failed to register an FIR.
The instant writ petition has been filed for issuance of a direction to the respondent nos. 2 and 3 to register an FIR against respondent no. 4 pursuant to several written complaints made by the petitioner in respect of a cognizable offence committed by respondent no. 4.
In the writ petition, one representation submitted to the
Patna High Court Cr. WJC No.1049 of 2014 dt.03-04-2015 2 / 2 Superintendent of Police, Gaya by the petitioner on 18th September, 2014 has been annexed as Annexure-1.
In my view, this application is misconceived. In case an Officer-in-charge of the police station refuses to institute a case pursuant to a report made under Section 154(1) of the Code of Criminal Procedure, the person aggrieved has a remedy to send substance of such information in writing and by post to the Superintendent of Police concerned in terms of Section 154(3) of the Code of Criminal Procedure and in case the Superintendent of Police also fails to take any action in that behalf, the aggrieved person may file a complaint under Section 190 read with 200 of the Code of Criminal Procedure before the Magistrate concerned, who may either inquire into the complaint himself or direct the police to institute FIR in terms of Section 156(3) of the Code of Criminal Procedure.
In view of the equally efficacious remedy available to the petitioner, I am not inclined to entertain this application. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J.) Sanjeet/- U T