Patna High Court – Orders
Md. Kudus Darji vs The State Of Bihar Through Principal … on 24 July, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1625 of 2022
Arising Out of PS. Case No.- Year-0 Thana- District- Darbhanga
======================================================
MD. KUDUS DARJI Son of Late Md. Hanif @ KARI DARJI Resident of
village and P.O.- Ujan, P.S.- Saketpur, District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Home Police Department,
Bihar, Patna Bihar
2. The Director General of Police Cum Inspector General of Police, Patna
Bihar
3. The Divisional Commissioner, Darbhanga Division Darbhanga Bihar
4. The Deputy Inspector General of Police, Darbhanga. Bihar
5. The District Magistrate, Darbhanga Bihar
6. The Senior Superintendent of Police, Darbhanga Bihar
7. The Additional Collector, Darbhanga Bihar
8. The Sub-Divisional Officer, Sadar Darbhanga Bihar
9. The Deputy Superintendent of Police Benipur, District - Darbhanga Bihar
10. The Inspector of Police, Bahera Circle Darbhanga Bihar
11. The Officer Incharge, Saketpur, District Darbhanga Bihar
12. Jakir Hussain Son of Late Md. Hanif Resident of village and P.O.- Ujan,
P.S.- Sakatpur, District - Darbhanga
13. Tanweer Hussain @ Tannu Son of Jakir Hussain Resident of village and
P.O.- Ujan, P.S.- Sakatpur, District - Darbhanga
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratanakar Jha
For the Respondent/s : Mr.Prabhat Kumar Verma, AAG 3
Mr. Suman Kumar Jha, AC to AAG 3
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-07-2025
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present application has been filed for the
following reliefs:-
Patna High Court CR. WJC No.1625 of 2022(2) dt.24-07-2025
2/4(I) Το issue an appropriate order/s,
direction/s including a writ preferably in the nature
of mandamus commanding and directing upon the
respondents to lodge the First information Report
against the private respondents under the Relevant
sections of Indian Penal Code along with Arms Act
in view of the application dt 09-09-2020 made to
the Officer Incharge of Sakatpur police station by
the petitioner with regard to alleged occurrence
assaulting the petitioner and threatening firing
upon and open the petitioner by the private
respondents.
(ii) To direct the respondents to protect
the life and liberty of the petitioner which is at
stake of the behest of private respondents.
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 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
Patna High Court CR. WJC No.1625 of 2022(2) dt.24-07-2025
3/4registered, 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
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.
Patna High Court CR. WJC No.1625 of 2022(2) dt.24-07-2025
4/4
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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