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Patna High Court

SATYA NARAYAN PRASAD @ SATYA NARAYAN PRASAD GOND @ SATYA NARAYAN SINGH OIMAversusTHE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA

Decided
Disposal
DISPOSED

Holding

The petition is disposed as no complaint was filed; the petitioner may file a complaint with proof and seek direction under Section 156(3) Cr.PC/Section 175(3) BNSS if no action is taken.

Summary

The petitioner filed a writ petition seeking a direction to the police, including the SHO and Superintendent, to lodge an FIR based on his alleged complaint. The respondents contended that no complaint had been received by the SHO. The petitioner was unable to produce any proof of having lodged a complaint with the police. Consequently, the court found no basis to compel the police to register an FIR. The petition was disposed, with the court granting the petitioner liberty to file his complaint with proof and, if no action is taken, to approach the court under Section 156(3) of the Criminal Procedure Code or Section 175(3) of the BNSS. The order emphasizes the necessity of a demonstrable complaint before directing police action.

Issues considered

  • Whether the police are obligated to register an FIR in the absence of a demonstrable complaint from the petitioner.
  • Whether the petitioner has fulfilled the burden of proving that a complaint was made to the police.
  • What remedial steps are available to the petitioner if the police fail to act on a duly filed complaint.

Legislation cited

Subjects

  • FIR
  • writ petition
  • police duty
  • Section 156(3) Cr.PC
  • Section 175(3) BNSS
  • criminal procedure
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No. 1645 of 2019
                           Arising Out of PS. Case No.- Year-0 Thana- District- Kaimur (Bhabua)
                 ======================================================
                 Satya Narayan Prasad @ Satya Narayan Prasad Gond @ Satya Narayan Singh
                 Oima, Son of late Bharat Ram Gond, Resident of Village-Akhalaspur, P.S-
                 Bhabhua, District-Kaimur.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Director General of Police, Govt. of Bihar, Patna
           2.    The Director General of Police, Govt. of Bihar, Patna.
           3.    The Deputy Inspector General of Police, Shahabad Range, Shahabad
                 (Rohtas)
           4.    The Superintendent of Police, Bhabhua, Kaimur
           5.    The Station House Office, Nagar P.S. Bhabhua, District-Kaimur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madan Prasad Singh No.2, Advocate.
                 For the State            :        Mr. Manish Kumar, GP-4
                                                   Mr. Deepak Kumar, AC to G.P.-4.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

6   05-01-2026                    The present writ petition has been filed for directing

                   the respondents including SHO of concerned Police Station and

                   Superintendent of Police to lodge FIR on complaint. However,

                   as per counter affidavit filed by the concerned Superintendent of

                   Police, no complaint has been received by the concerned SHO.

                   Hence, there is no question of lodging any FIR.

                                 2. Learned counsel for the petitioner is unable to show

                   any proof that the petitioner has filed any complaint to the

                   SHO or anybody else.

                                 3. Hence, in view of the aforesaid facts and
              Patna High Court CR. WJC No. 1645 of 2019(6) dt.05-01-2026
                                                          2/2




                        circumstances, the present petition is disposed of giving liberty

                        to the petitioner to file his complaint to the Police with proof of

                        filing and in case no action is taken by the concerned Police

                        officials, he has liberty to file an application under Section

                        156(3) Cr.PC/Section 175(3) BNSS.



                                                                    (Jitendra Kumar, J)
S.Ali/-

U         T


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