Kundan Kumar vs The State Of Bihar Through Its … on 24 July, 2025

Patna High Court – Orders

Kundan Kumar vs The State Of Bihar Through Its … on 24 July, 2025

Author: Sandeep Kumar

Bench: Sandeep Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.166 of 2024
                             Arising Out of PS. Case No.- Year-0 Thana- District- Jehanabad
                 ======================================================
                 Kundan Kumar Son of Late Govardhan Kumar Resident of Mohalla - Seth
                 Jhari Sao Lane, Old Thana Road, P.O.- Head Post Office, Jehanabad, P.S.-
                 Town Police Station, Jehanabad, District - Jehanabad 804408 Present Address
                 Resident of Mohalla - Pushp Niwas, Mithapur Bus Stand Road Bypass More,
                 New Bighrahpur, P.O.- G.P.O., Police Station - Jakkanpur, District - Patna

                                                                  ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through its Additional Chief Secretary, Home
                 Department, Govt. of Bihar, Patna Bihar
           2.    The District Magistrate, Jehanabad Bihar
           3.    The Superintendent of Police, Jehanabad Bihar
           4.    The Deputy Superintendent of Police, Jehanabad Bihar
           5.    The Officer In Charge, Town Police Station, District - Jehanabad Bihar
           6.    Dr. Satyjeet Kumar Son of Late Gopal Prasad Resident of Mohalla - Raja
                 Bazar, Opposite Shri Krishna Cold Stores, P.O.- Head Post Office,
                 Jehanabad, P.S.- Town Police Station, Jehanabad, District - Jehanabad -
                 804408
           7.    Rakesh Kumar Son of Sri Arjun Prasad Resident of Mohalla - Seth Jhari Sao
                 Lane, Old Thana Road, P.O.- Head Post Office, Jehanabad, P.S.- Town
                 Police Station, Jehanabad, District - Jehanabad - 804408

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Anil Kumar
                 For the Respondent/s    :        Mr.Gp.5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-07-2025

Heard the parties.

2. This application has been filed on behalf of the

petitioner seeking a direction upon the respondent authorities for

lodging the FIR against the private respondent nos. 6 and 7.

3. The Hon’ble Supreme Court in the case of Sakiri

Vasu vs. State of U.P., reported as (2008) 2 SCC 409 has
Patna High Court CR. WJC No.166 of 2024(2) dt.24-07-2025
2/3

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 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)
Patna High Court CR. WJC No.166 of 2024(2) dt.24-07-2025
3/3

4. The aforesaid 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 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)
Vikas/-

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