Disposed

Sanjay Kumar Singh v. The State of Bihar throug the Director General of Police Bihar, Patna

Patna HC1 May 2025CR. WJC/425/2025

Case brief

AI extract

What is this about?

Petition sought a direction to register an F.I.R. for an offence allegedly committed in January 2024. Relying on Supreme Court precedent, the High Court held such relief should be sought before the Magistrate under statutory provisions and disposed of the petition with liberty to avail alternative remedies.

What did the court decide?

Liberty granted to the petitioner to seek F.I.R. registration through statutory alternative remedies; no substantive direction issued.

Sanjay Kumar Singh Vs The State of Bihar throug the Director… — Quashing and FIR | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.425 of 2025

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Arising Out of PS. Case No.- Year-0 Thana- District- Munger

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Sanjay Kumar Singh Son of Ramcharitra Singh Village -Haweli Kharagpur P.S-Haweli Kharagpur, Dist- Munger

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... ... Petitioner

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Versus

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The State of Bihar throug the Director General of Police Bihar, Patna

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The Divisional Commissioner, Saharsa

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The Deputy Inspector General of Police Saharsa

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The Chief Secretary, Dept. of Forest and Environment Govt. of Bihar

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Divisional Commissioner of Forest, Bhagalpur Division, Bhagalpur

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The Conservator of Forest Bhagalpur Division Bhagalpur

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Regional Conservator of Forest, Sunder van, Bhagalpur

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The Deputy Inspector of Police, Bhagalpur

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Chief Conservator of Forest Division, Purnea

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The District Magistrate, Madhepura

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The Forest Officer, Saharsa

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The Superintendent of Police, Madhepura

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The Superintendent of Police, Bhagalpur

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The Superintendent of Police, Nawgachiya, Bhagalpur

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... ... Respondents

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Appearance :

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For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : G.A.- 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

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ORAL ORDER

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2 01-05-2025

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Heard learned counsel for the petitioner and

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learned counsel for the State.

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2. The present application has been filed for a direction upon the respondents to register F.I.R. for an offence which has been committed in January, 2024.

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3 . The Hon’ble Supreme Court in the case of Sakiri Vasu vs. State of U.P., reported as (2008) 2 SCC 409 had discouraged the practice of approaching the High Court with a

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Patna High Court CR. WJC No.425 of 2025(2) dt.01-05-2025 2/3

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prayer for registration of an F.I.R. The relevant paragraphs of the aforesaid decision read as under:-

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“ 27 . As we have already observed above, 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.

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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)

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4 . The aforesaid ratio was reiterated by the

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Hon’ble Supreme Court in the case of Sudhir Bhaskarrao

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Patna High Court CR. WJC No.425 of 2025(2) dt.01-05-2025 3/3

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Tambe vs. Hemant Yashwant Dhange reported as (2016) 6 SCC 277 and in the case of M. Subramaniam vs. S. Janaki reported as (2020) 16 SCC 728 .

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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.

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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.

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7 . Accordingly, this application is disposed of with the aforesaid liberty to the petitioner.

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(Sandeep Kumar, J)

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pawan/- U T

Sanjay Kumar Singh v. The State of Bihar throug the Director General of Police Bihar, Patna

Case brief

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Sanjay Kumar Singh v. The State of Bihar throug the Director General of Police Bihar, Patna

Case brief

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