The High Court of Jharkhand permitted the withdrawal of a writ petition under Article 226 seeking direction to register an FIR. The petitioner was allowed the liberty to avail the alternative remedy.
Petition permitted to be withdrawn with liberty to avail the alternative remedy.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 113 of 2023
Isaruddin Ansari ..... … Petitioner
Versus
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----For the Petitioner : Mr. Dilip Kumar, Advocate. For the State : Mr. Deepankar, A.C. to G.A.-III.
02/ 03.04.2023 This petition has been filed for a direction to register the FIR.
The petitioner is having the alternative remedy. It is well settled that if the alternative remedy is there, the petition under Article 226 of the Constitution of India is not maintainable, if it is not filed in exceptional circumstances.
In view of the above, learned counsel appearing for the petitioner seeks permission to withdraw this petition with the liberty to avail the alternative remedy.
Mr. Deepankar, learned counsel appearing for the State has got no objection.
Accordingly, this petition is permitted to be withdrawn and disposed of with the aforesaid liberty.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
1 issue framed by the court
Whether the petitioner has alternative remedies available for registration of FIR, making the writ petition maintainable.
1 provisions across 1 enactments
Isaruddin Ansari
The State of Jharkhand
Secretary, Home Department, Government of Jharkhand, Ranchi
Deputy Inspector General of Police, Dumka
Senior Superintendent of Police, Dumka
Sub-Divisional Officer, Dumka
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
