Irshad Alam v. The State Of Bihar Through Director General Of Police, Bihar At Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1423 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== Irshad Alam Son of Late Motiur Rahman R/o- Village- Ranipur, P.O.- Koiritola, P.S.- Barharia, Distt.- Siwan ... ... Petitioner/s
Versus
1.
The State Of Bihar Through Director General Of Police, Bihar At Patna Bihar 2.
The Deputy Inspector General Of Police, Saran At Chapra Chapra, Bihar 3.
The Superintendent Of Police The Cyber Crime Branch Patna, Bihar Bihar 4.
The Superintendent Of Police, Siwan, Bihar Siwan, Bihar 5.
The S.H.O. Barharia P.S. District- Siwan Siwan, Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Angad Kunwar, Advocate For the Respondent/s :
Mr. Kumar Pankaj Ac to S.C.5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.
2. This writ petition has been filed for directing the respondent authorities to lodge an FIR and for fair investigation of the claim of the petitioner.
3. The Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of U.P., reported as (2008) 2 SCC 409 has discouraged the practice of approaching the High Court with a prayer for registration of an F.I.R. The relevant paragraphs of the aforesaid decision read as under:- "27. As we have already observed above,
Patna High Court CR. WJC No.1423 of 2024(2) dt.07-08-2025 2/3 the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Criminal Procedure Code simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Criminal Procedure Code before the Magistrate or by filing a criminal complaint under Section 200 Criminal Procedure Code and not by filing a writ petition or a petition under Section 482 Criminal Procedure Code.
28. It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy the High Court should not ordinarily interfere" (Emphasis supplied)
4. The aforesaid ratio was reiterated by the Hon'ble Supreme Court in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhange reported as (2016) 6 SCC 277 and in the case of M. Subramaniam vs. S. Janaki reported as
Patna High Court CR. WJC No.1423 of 2024(2) dt.07-08-2025 3/3 (2020) 16 SCC 728.
5. If the F.I.R is not registered on account of inaction on the part of the police officials or the actions not to the satisfaction of the petitioner, then the efficacious alternative remedy is available to the petitioner under sections 190, 200 of the Cr.P.C (sections 210, 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023) or other statutory provisions under law.
6. Therefore, the petitioner is given liberty to avail alternative remedies as provided under the Cr.P.C./Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for registration of the F.I.R.
7. Accordingly, this application is disposed of with the aforesaid liberty to the petitioner.
(Sandeep Kumar, J) Shishir/- U