Patna High Court – Orders
Sanjula Devi vs The State Of Bihar, Through The Chief … on 1 July, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.398 of 2024
Arising Out of PS. Case No.-294 Year-2023 Thana- KURSAKANTA District- Araria
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Sanjula Devi W/O Umesh Mandal Village- Chikanighat P S Kursakanta, Dist-
Araria
... ... Petitioner/s
Versus
1. the State of Bihar, through the Chief Secretary, Govt. of Bihar Bihar
2. The Principal Secretary, Home Department, Govt. of Bihar Bihar
3. The Superintendent of Police, Araria Bihar
4. The Station House Officer, Kursakanta Ps- Dist-Araria Bihar
5. The Investigation Officer, Kursakanta, Araria Bihar
6. Head Master Navsrijit Primary School, Fakirna W.No-13, Po- Ghat Chikni
Ps- Kursakanta, Araria
7. Aman Kumar Mandal son of Jitendra Mandal Village- Ghat Chikni Ps-
Kursakanta Dist- Araria
8. Daulti Devi wife of Jitendra Mandal Village- Ghat Chikni Ps- Kursakanta
Dist- Araria
9. Kala Devi wife of Birendra Mandal Village- Ghat Chikni Ps- Kursakanta
Dist- Araria
10. Beyas Kumar Mandal son of Birendra Mandal Village- Ghat Chikni Ps-
Kursakanta Dist- Araria
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Jitendra Kumar
For the Respondent/s : Mr.A.A.G.7
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-07-2025
Heard the parties.
2. By way of this writ application, the petitioner has
prayed for the following reliefs:-
i. For issuance of appropriate
order/orders, direction/directions to the
respondents concern to arrest the accused persons
(Pvt. Resp. No-7 to 10) who is accused in
Patna High Court CR. WJC No.398 of 2024(2) dt.01-07-2025
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connection with Kursakanta P.S Case No-294/2023
and due to accused persons son of the informant
petitioner losses his right eyes, whom serious
offences u/s 341, 323, 324, 325, 326, 504, 34 of
IPC.
ii. For issuance of appropriate
order/orders, direction/directions to the respondent
concern to start proper investigation against the
accused person of Kursakanta P.S Case No-
294/2023 dated 24.12.2023 who have not arrested
till the date.
iii. For taking appropriate action the
concern respondents who have helped to not
arresting the accused persons and did not start
proper investigation against to accused persons.
iv. For issuance of appropriate
order/orders, direction/directions to the respondent
concern to given compensation amount to the son
of the informant petitioner who losses his right
eyes due to private accused respondents.
3. The Hon’ble Supreme Court in the case of Sakiri
Vasu vs. State of U.P., reported as (2008) 2 SCC 409 had
discouraged the practice of approaching the High Court with a
prayer for registration of an F.I.R/proper investigation. 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
Patna High Court CR. WJC No.398 of 2024(2) dt.01-07-2025
3/4registration 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
in the case of M. Subramaniam vs. S. Janaki reported as
Patna High Court CR. WJC No.398 of 2024(2) dt.01-07-2025
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(2020) 16 SCC 728.
5. If the case is not investigated properly 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 proper
investigation.
7. Accordingly, this application is disposed of with the
aforesaid liberty to the petitioner.
(Sandeep Kumar, J)
vikas/-
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