Amrita Sinha vs The State Of Bihar Through The Director … on 29 April, 2025

Patna High Court – Orders

Amrita Sinha vs The State Of Bihar Through The Director … on 29 April, 2025

Author: Sandeep Kumar

Bench: Sandeep Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.395 of 2024
                               Arising Out of PS. Case No.- Year-0 Thana- District- Patna
                 ======================================================
                 Amrita Sinha D/o Mithilesh Kumar Singh R/o Village- Murari, P.S.- Karpi,
                 Dist.- Arwal

                                                                                     ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Director General of Police, Govt. of Bihar
                 Patna
           2.    The Senior Superintendent of Police, Patna Bihar
           3.    The Superintendent of Police (Town), Patna Bihar
           4.    The S.H.O., Mahila Thana, Patna Bihar
           5.    The Deputy Insp. General of Police, Rohtas Bihar
           6.    The Superintendent of Police, Rohtas Bihar
           7.    The Deputy Superintendent of Police (H.Q.), Dehri, Dist.- Rohtas Bihar
           8.    Sumit Kumar Son of Brijnandan Singh R/o Village- - Aandhi Bigha, P.O.-
                 Bantara, P.S.- Devkund, Dist.- Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Onkar Nath
                 For the Respondent/s    :        Mr. SC.13
                                                  Mr. Jai Prabhat Kishore Ac to SC 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-04-2025

Heard the learned counsel for the petitioner and the

learned counsel for the State.

2. This application has been filed on behalf of the

petitioner for the following relief(s):

“ⅰ). Commanding the respondent authorities
particularly the respondent. No.-2 & 4 to
lodge F.I.R. in pursuance to written
application dated 10.07.2023 (Annexure-
P3) preferred by the petitioner to the
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respondent no.-4.

ii). Further commanding the respondent
authorities particularly the respondent. no.

4 to bring on record the entire documents
concerning with written application dated
10.07.2023 in course of the adjudication of
the case/matter.”

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

Vasu vs. State of U.P., (2008) 2 SCC 409 had discouraged the

practice of approaching the High Court with a prayer for

registration of an F.I.R.

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

Vasu (Supra) has held as follows:

“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
Patna High Court CR. WJC No.395 of 2024(2) dt.29-04-2025
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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 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 police officials or actions not to the satisfaction of

the petitioner, then the efficacious alternative remedy is

available to the petitioner under section 190, 200 of the Cr.P.C
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(sections 210, 223 of the Bharatiya Nagarik Suraksha Sanhita,

2023) or other statutory provisions under law.

6. Therefore, the petitioner is given liberty to proceed

to avail alternative remedies 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)
Shishir/-

U       T