Priyanka Kumari vs The State Of Bihar Through Director … on 22 July, 2025

Patna High Court – Orders

Priyanka Kumari vs The State Of Bihar Through Director … on 22 July, 2025

Author: Sandeep Kumar

Bench: Sandeep Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.1576 of 2025
                               Arising Out of PS. Case No.- Year-0 Thana- District- Patna

                 ======================================================
                 Priyanka Kumari W/o Mukesh Kumar, D/o Vishwa Mohan Prasad Resident of
                 Village- Jahanpur, P.S.- Dhanarua, District- Patna at present residing at Vil-
                 lage- Jogipur Malwan, P.S.- Hilsa, District- Nalanda.

                                                                                       ... ... Petitioner
                                                        Versus

           1.    The State of Bihar through Director General of Bihar, Home Department
                 Govt. of Bihar, Patna
           2.    The Additional Chief Secretary, Home Deptt. Govt. of Bihar, Patna
           3.    The Deputy Director General of Police, Home Deptt., Govt. of Bihar, Patna
           4.    The Senior Superintendent of Police, Patna
           5.    The Senior Superintendent of Police (Rural), Patna
           6.    The Station House Officer, Dhanaura P.S., Distt.- Patna
           7.    Sanni Kumar S/o Sudhir Prasad
           8.    Sudhir Prasad S/o Bakhori Singh
           9.    Ravi Kumar S/o Sudhir Prasad
           10. Lalita Devi W/o Sudhir Prasad
           11. Pintu Kumar S/o Raghvendra Singh
           12. Lalit Kumar S/o Mundarik Yadav.
                      Respondent nos. 7 to 12 are resident of village - Jahanipur, P.S.-
               Dhanaura, Distt.- Patna

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :          Mr. Kumari Sujata Sinha
                 For the Respondents    :          G.A.-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-07-2025

Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present application has been filed for the

following reliefs:-

i. For issuance of Criminal Writ
Patna High Court CR. WJC No.1576 of 2025(2) dt.22-07-2025
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commanding the concerned
Respondents to institute the F.I.R.
against Respondent Nos.7 to 12 for
committing rape, abusing, assaulting,
misbehaving and blackmailing.

                                    ii.   For      issuance       of    Criminal    Writ
                                          commanding              the        concerned

Respondents of arrest Respondent Nos.
7 to 12 and prosecute them criminal
case.

iii. For issuance of Criminal writ to take
disciplinary and legal action against
Respondent No.6 due to not, instituting
F.I.R. and not taking legal action
against Respondent Nos.7 to 12 in spit
of several written complaint made by
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,
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
Patna High Court CR. WJC No.1576 of 2025(2) dt.22-07-2025
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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
Patna High Court CR. WJC No.1576 of 2025(2) dt.22-07-2025
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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.

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)

pawan/-

U         T