Patna High Court – Orders
Kalawati Devi vs The State Of Bihar Through The Secretary … on 19 June, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.813 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District- East Champaran
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Kalawati Devi W/O Ram Chandra Manjhi R/O Village- Bairiyadih, Belpura,
Ward No. 3, P.S- Harsidhi, Distt.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary of Home Department, Govt. of
Bihar, Patna Bihar
2. The Collector of East Champaran at Motihari Bihar
3. The Superintendent of Police, East Champaran at Motihari Bihar
4. The Officer In-charge of SC/ST Police Station, Motihari Bihar
5. The Deputy Superintendent of Police, Motihari Sadar at Motihari Bihar
6. Akhilesh Singh S/O Kailash Singh R/O Village- Bairiyadih, Belpura, Ward
No. 3, P.S- Harsidhi, Distt.- East Champaran.
7. Suresh Singh S/O Paspat Singh R/O Village- Bairiyadih, Belpura, Ward No.
3, P.S- Harsidhi, Distt.- East Champaran.
8. Basisth Singh S/O Paspat Singh R/O Village- Bairiyadih, Belpura, Ward No.
3, P.S- Harsidhi, Distt.- East Champaran.
9. Khushi Lal Singh S/O Late Raghuvir Singh R/O Village- Bairiyadih,
Belpura, Ward No. 3, P.S- Harsidhi, Distt.- East Champaran.
10. Punyadev Singh S/O Late Raghuvir Singh R/O Village- Bairiyadih, Belpura,
Ward No. 3, P.S- Harsidhi, Distt.- East Champaran.
11. Paras Singh S/O Late Bahadur Singh R/O Village- Bairiyadih, Belpura,
Ward No. 3, P.S- Harsidhi, Distt.- East Champaran.
12. Chhote Lal Singh S/O Late Bahadur Singh R/O Village- Bairiyadih,
Belpura, Ward No. 3, P.S- Harsidhi, Distt.- East Champaran.
13. Ganesh Prasad S/O Surya Bhagat R/O Village- Baudha, P.S- Sugauli, Distt.-
East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rakesh Kumar No.1
For the Respondent/s : Mr. Md. Nadim Seraj
Mr. Iqbal Asif AC to GP 5
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2025
Heard the learned counsel for the petitioner and the
learned counsel for the State.
Patna High Court CR. WJC No.813 of 2023(2) dt.19-06-2025
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2. This application has been filed for the following
reliefs:-
(i) For that the present petition is being
filed for direction to the Respondents 1st Set for
lodging F.I.R. against the Respondents 2nd
Set/Private Respondents on the complaint of
petitioner dated 03.05.2022.
(ii) For that direction to the respondents
1st set to discharging their duty at proper.
3. The Hon’ble Supreme Court in the case of Sakiri
Vasu vs. State of U.P., (2008) 2 SCC 409 had discouraged the
practice of approaching the High Court with a prayer for
registration of an F.I.R.
4. The Hon’ble Supreme Court in the case of Sakiri
Vasu (Supra) has held as follows:
“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
Patna High Court CR. WJC No.813 of 2023(2) dt.19-06-2025
3/4that 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 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 (2020) 16 SCC
728.
5. If the F.I.R is not registered on account of inaction
on the part of police officials or actions not to the satisfaction of
the petitioner, then the efficacious alternative remedy is
Patna High Court CR. WJC No.813 of 2023(2) dt.19-06-2025
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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 the law.
6. Therefore, the petitioner is given liberty to proceed
to avail alternative remedies 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 T