Manoj Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.768 of 2022 ====================================================== Manoj Kumar Jaiswal Son of Late Rajendra Choudhary, Resident of Thakurbari Road, Village - Hasanpur Surat, P.S.- Patori, Dist.- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Deptt. of Home, Govt. of Bihar, Patna Bihar 3.

The Director General of Police, Old Secretariat, Patna Bihar 4.

The Superintendent of Police, Samastipur Bihar 5.

The Deputy Superintendent of Police, Patori, Samastipur Bihar 6.

The Officer in-charge, Patori P.S., Samastipur Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Praveen, Advocate For the State :

Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-06-2026 The present writ petition has been preferred by the petitioner for lodging of F.I.R. in pursuance of his written complaint to the police dated 06.06.2022 in regard to occurrence taken place on 05.06.2022.

2. However, learned AC to AAG-3 for the State submits that the F.I.R. has been lodged on application dated 12.02.2026 filed by the petitioner.

3. However, learned counsel for the petitioner submits that the application of the petitioner dated 12.02.2026 in regard to the separate occurrence.

4. However, this present writ petition was filed for

Patna High Court CR. WJC No.768 of 2022(7) dt.25-06-2026 2/2 lodging of F.I.R. in view of occurrence taken place on 05.06.2022 for which written complaint dated 06.06.2022 was filed by the petitioner to the police.

5. It is settled principle of law that under Section 156(3) Cr.PC, the petitioner has alternative efficacious remedy to move an application before the Judicial Magistrate for lodging of F.I.R.

6. Hence, the present petition is dismissed with liberty to the petitioner to avail alternative remedy. If such application is moved by the petitioner before the Judicial Magistrate, the Judicial Magistrate is duty bound to pass appropriate order as per law.

(Jitendra Kumar, J.) ravishankar/- U T