Patna High Court – Orders
Navin Kumar Jha vs The State Of Bihar Through The Principal … on 24 June, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.762 of 2025
Arising Out of PS. Case No.- Year-0 Thana- District- Begusarai
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Navin Kumar Jha S/o- Krishna Dev Jha Village- Bishnupur Chandni Chowk
Banduar PO- Mirzapur PS- Nagar Town District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna Bihar
2. The Principal Secretary, Home Department, Govt. of Bihar, Patna Bihar
3. The Director General of Police, Govt. of Bihar, Patna Bihar
4. The District Magistrate, Begusarai Bihar
5. The Superintendent of Police, Begusarai Bihar
6. The Station Head Officer, SHO, Begusarai Bihar
7. The Circle Officer, Begusarai, Bihar Bihar
8. Sadhna Devi Ashok Kumar Jha R/o- Station Road Teghra Ps- Teghra Sub
Division Teghra Dist- Begusarai
9. Raju Jha S/o- Ashok Kumar Jha R/o- Station Road Teghra Ps- Teghra Sub
Division Teghra Dist- Begusarai, P/A- W.No- 42, Near Hanuman Mandir,
Village- Bishnupur Chandni Chowk Banduar PO- Mirzapur PS- Nagar Town
District- Begusarai
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy
For the Respondent/s : Mr. Prashant Pratap, G.P.2
Mr. Asit Kumar AC to GP 2
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2025
Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This is an application for issuance of an appropriate
writ/writs, order/orders, direction/directions commanding the
respondents’ authorities for the following reliefs: –
a). For issuance of an appropriate
writ for directing upon the respondent’s
Patna High Court CR. WJC No.762 of 2025(2) dt.24-06-2025
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register FIR under appropriate sections of BNS-
23, against the private respondent no.08 and 9
and further to investigate the fraud committed
by them in registration of sale deed after
withholding the certain relevant facts and after
hearing the parties further to act in fair manner
and within stipulated time frame.
b). For direction upon the
respondents to dispose of the representation
dt.25.02.2025 filed by the petitioner wherein he
has mentioned all the relevant facts about the
injustice and fraud committed by the private
respondents and further to deliver the
possession of land/property (bearing details as
khata no.251, khesra no.1131 and 1132) free
from all encumbrances.
c). For direction upon the
respondents to immediately and forthwith direct
and call upon the respondent authorities to act
in accordance with law and further to register
the FIR and bring it to its logical end and to
furthermore to arrest and sent up the accused
persons for trial.
d). For direction upon the
respondents to immediately and forthwith direct
and call upon the respondent authorities to act
in accordance with law and to bring the present
case to its logical conclusion.
e). For directing the respondent/s to
provide a fair opportunity to the petitioner to
represent his case, as till date no concrete step
has been taken by the police as well as local
authorities for investigating the case of the
petitioner.
f). For directing the respondent/s
specially the superintendent of Police,
Begusarai (Respondent No.05) to act upon the
representation dt.25.02.2025 as submitted by the
petitioner.
g). For issuance of an appropriate
writ for commanding the respondents to act in
Patna High Court CR. WJC No.762 of 2025(2) dt.24-06-2025
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accordance with law and to investigate the case
properly withing timeframe and without any
biasness and to answer the Hon’ble Court that
under which circumstances the private
respondent got the land receipt named in their
name after withholding the facts.
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
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
Patna High Court CR. WJC No.762 of 2025(2) dt.24-06-2025
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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)
5. 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.
6. 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
available to the petitioner under section 190, 200 of the Cr.P.C
(sections 210, 223 of the Bharatiya Nagarik Suraksha Sanhita,
2023) or other statutory provisions under law.
7. Therefore, the petitioner is given liberty to proceed
Patna High Court CR. WJC No.762 of 2025(2) dt.24-06-2025
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to avail alternative remedies under the Cr.P.C./Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 for registration of the
F.I.R.
8. Accordingly, this application is disposed of with the
aforesaid liberty to the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T