Nirmal Jha v. The State Of Bihar Through Home Secretary, Deptt. Of Home, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.949 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Nirmal Jha S/O Amarnath Jha Resident of Village- Rasiary, Ward No. 1, P.S.- Rasiary, Kiratpur, District- Darbhanga.

... ... Petitioners

Versus

1.

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

The Director General of Police, Bihar, Patna. 3.

The Superintendent of Police, Madhubani.

4.

The Deputy Superintendent of Police, Phulparas, District- Madhubani 5.

The Officer-in-Charge, Phulparas P.S., District- Madhubani. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Respondent/s :

Mr.Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-06-2019 The grievance of the petitioner in the instant writ petition is that despite a written information given to the Officer-in-Charge of Phulparas Police Station, Madhubani on 04.05.2019 regarding a cognizable offence, no FIR was instituted. He has prayed for issuance of a direction to the Officer-in-Charge of Phulparas Police Station to register an FIR on the basis of the written report submitted by the petitioner, as contained in Annexure-1 to this application.

It has been contended that as the Officer-in-Charge of Phulparas Police Station refused to register the FIR on the basis of written report submitted by the petitioner, he has filed an

Patna High Court CR. WJC No.949 of 2019(2) dt.24-06-2019 2/2 application before the Superintendent of Police, Madhubani for directing the Officer-in-Charge to institute the FIR with regard to the alleged occurrence on 05.05.2019, but his grievance has not been redressed.

Regard being had to the availability of an equally efficacious statutory remedy to the petitioner under Sections 190 and 200 of the Code of Criminal Procedure for redressal of his grievance, I am not inclined to entertain this application in extra ordinary writ jurisdiction.

The application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T