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Patna High Court – Orders
Manish Kumar vs The State Of Bihar Through The Principal … on 7 July, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.323 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District- Rohtas
======================================================
MANISH KUMAR Son of Kamla Kant Singh Resident of village - Paharma,
P.O.- Osaw, P.S.- Nasriganj, District - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Ministry of Home, Govt.
of Bihar, Patna. Bihar
2. The Director General of Police, Bihar, Patna. Bihar
3. The Superintendent of Police, Rohtas, Sasaram. Bihar
4. The Officer Incharge, Dehri-On-Sone Police Station, District - Rohtas. Bihar
5. The Vice Chancellor, Veer Kunwar Singh University, Ara. Bihar
6. The Registrar, Veer Kunwar Singh University, Ara. Bihar
7. The President of the Governing Body, Jagjeevan College, Dehri-On-Sone,
Rohtas. Bihar
8. The Secretary of the Governing Body, Jagjeevan College, Dehri-On-Sone,
Rohtas. Bihar
9. The University Representative of the Governing Body, Jagjeevan College,
Dehri-On-Sone, Rohtas. Bihar
10. The Sub-Divisional Officer (Member) of the Governing Body, Jagjeevan
College, Dehri-On-Sone, Rohtas Bihar
11. The Teacher Representative of the Governing Body, Jagjeevan College,
Dehri-On-Sone, Rohtas. Bihar
12. The Head Clerk, Jagjeevan College, Dehri-On-Sone, Rohtas. Bihar
13. The Accountant, Jagjeevan College, Dehri-On-Sone, Rohtas. Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv.
Mr.Sarva Deo Singh
For the Respondent/s : Mr.Manish Kumar
For the Resp. No. 13 : Mr. Y.V. Giri, Sr. Adv.
Mr. Pranav Kumar
Ms. Shrishti Singh
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2025
Heard the parties.
Patna High Court CR. WJC No.323 of 2023(2) dt.07-07-2025
2/4
2. This application has been filed on behalf of the
petitioner for the following relief:-
I). That the petitioner prays for issuance
of an appropriate writ /writs, order / orders,
direction / directions to the respondents for
registering the F.I.R. on the basis of written
application filed by this petitioner on 9.1.2023 to
the Officer Incharge Dehri-On-Sone police Station,
Rohtas. Subsequently this petitioner filed an
application before the Superintendent of Police,
Rohtas on 11.1.2023. However, the Officer
Incharge of the concerned police station and Office
of Superintendent of police refused to accept the
application to register the F.I.R. and direction.
II). The petitioner further prays for to
investigate the matter and after completion of the
investigation submit the charge sheet against the
defalcation of Public money of Rs.3.25 Crore
which was disbursed by the Govt. of Bihar to the
college in question which is Govt. aid to the private
unaided educational institution.
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:-
Patna High Court CR. WJC No.323 of 2023(2) dt.07-07-2025
3/4“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)
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
Patna High Court CR. WJC No.323 of 2023(2) dt.07-07-2025
4/4
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/-
U
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