Saurabh Kumar Shukla v. The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.819 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== SAURABH KUMAR SHUKLA Son of Late Binod Kumar Shukla Resident of Village - Upadhyaya Lane, Western Lohanipur, P.S.- Kadamkuan, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna. 2.

The Home Secretary, Govt. of Bihar, Patna.

3.

The Director General of Police, Govt. of Bihar, Patna. 4.

The Senior Superintendent of Police, Patna, Bihar. 5.

The Superintendent of Police, Patna, Bihar.

6.

The Station Head Officer, Kadamkuan Police Station, Patna. Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha, Advocate For the Respondent/s :

Mr. Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-04-2023 Heard learned counsel for the parties.

This application is filed for a direction to the respondents authorities to register a formal F.I.R. on the basis of online complain lodged by the petitioner on 16.03.2019 and investigate the matter as well as arrest the accused persons. Further prayer of the petitioner is to ensure proper and adequate safety to him as well as his family members.

The submission of learned counsel for the petitioner is that the police is not registering F.I.R. on the basis of his online complain filed on 16.03.2019.

In the opinion of this Court, the petitioner has an alternative remedy of filing his complaint to the Superintendent

Patna High Court CR. WJC No.819 of 2019(5) dt.06-04-2023 2/2 of Police, Patna. The petitioner can also take an alternative step for filing a complaint case to get the FIR registered under Section 156(3) of the Cr. PC or after examining witnesses, the petitioner can press for taking cognizance against the accused persons. If such steps are taken by the petitioner, the learned Magistrate, Patna will be obliged to act in accordance with law. With the aforesaid observation, this application is disposed of.

(Sandeep Kumar, J) Ranjeet/- U T