Anil Kumar Singh v. The State Of Bihar, Through Vigilance Commissioner, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.887 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Anil Kumar Singh S/o Shri Umakant Singh Resident of Village- Kant, P.S.- Brahampur, District- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar, Through Vigilance Commissioner, Bihar, Patna Bihar, 2.

Vigilance Commissioner, Bihar, Patna. Bihar, 3.

Director General, Vigailance, Bihar, Patna.

4.

Additional Director General, Vigilance, Bihar, Patna. 5.

S.P. Vigilance, Patna, Bihar.

6.

Officer - Incharge, Vigilance Police Station, 6 Circular Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Adv.

For the Respondent/s :

Mr.Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-09-2022 Learned counsel for the petitioner shall remove all the defects within three weeks from today.

Learned counsel for the petitioner has mentioned this matter for urgent listing. In course of mentioning, this Court has been informed that this writ application has been filed seeking a direction to the respondents to register an FIR. On the query made by this Court, learned counsel for the petitioner submits that prior to filing of the writ application the petitioner has not followed the procedures under Sections 154(3) and Section 156(3) Cr.P.C.

Patna High Court CR. WJC No.887 of 2021(2) dt.21-09-2022 2/2 In the case of Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR 2008 SC 907, the Hon'ble Supreme Court has observed that the writ application under Article 226 directly for lodging of the FIR cannot be entertained. In the case of Lalita Kumari Vs. Government of Uttar Pradesh and Ors. reported in (2014) 2 SCC 1, the Hon'ble Constitution Bench has provided procedures which are required to be followed if the police authorities failed to register the FIR. There cannot be any reason for this Court to entertain this application directly in the nature of the reliefs prayed in this writ application.

This application is, thus, disposed of with liberty to the petitioner to seek his remedy, as may be advised to him, in accordance with law.

The certified copy of the order will be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) arvind/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.