Patna High Court
Vikash Kumar OjhaversusThe State of Bihar through Principal Secretary, Home Dept. Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- JITENDRA KUMAR
Holding
The writ petition is dismissed as the petitioner can invoke the statutory remedy under Section 156(3) CrPC and Section 175(3) BNSS.
Summary
The petitioner filed a writ petition seeking a direction to the police authorities to lodge an FIR against him. The High Court observed that the petitioner has a statutory remedy under Section 156(3) of the Criminal Procedure Code and Section 175(3) of the Bihar Non‑Contagious Diseases (BNSS) Act to compel the police to register an FIR. Relying on the precedent set in Sakiri Vasu v. State of U.P. (2008 (2) SCC 409), the Court held that a writ cannot be entertained when a specific statutory remedy is available. Consequently, the petition was dismissed, with liberty granted to the petitioner to pursue the statutory remedy. The order underscores the principle that courts should not supplant statutory procedures with writ jurisdiction.
Issues considered
- Whether a writ petition can be entertained to compel the police to register an FIR when a statutory remedy under Section 156(3) CrPC/Section 175(3) BNSS is available.
Legislation cited
- Bihar Non‑Contagious Diseases (BNSS) Act — s. 175(3)
- Criminal Procedure Code — s. 156(3)
Subjects
- writ petition
- FIR
- police duty
- statutory remedy
- Section 156(3) CrPC
- criminal procedure
- dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2630 of 2024
======================================================
Vikash Kumar Ojha Son of Dhawalendra Ojha R/o village- Indiranagar
Laliyahi, PS- Sahayak, Dist- Katihar. At Present R/O Vill.- Manihari, P.S.-
Manihari, Dist.- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Home Dept. Bihar, Patna
2. The Director General Of Police, Bihar Patna
3. The Additional Director General of Police, The Economic Offence Unit,
Bihar Patna
4. The Superintendent of Police, Economic Offence Unit, Bihar Patna
5. The District Magistrate, Katihar
6. The Executive Officer, Nagar Parishad, Manihari, Katihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. G.P. 18
For the EOU : Mr. Vijay Anand, Advocate
For Resp. No. 4 : Mr. Ajit Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 16-06-2026 Nobody is present on behalf of the petitioner.
2. The present petition has been preferred by the
petitioner seeking direction to the respondents – police
authorities to lodge FIR.
3. I perused the material on record and found that the
statutory remedy is available to the petitioner by way of
application under Section 156(3) Cr.PC/175(3) BNSS. Reliance
is placed on Sakiri Vasu Vs. State of U.P. & Ors. as reported in
2008 (2) SCC 409.
4. Hence, on account of statutory remedy being
Patna High Court CR. WJC No.2630 of 2024(4) dt.16-06-2026
2/2
available to the petitioner, this writ petition cannot be
entertained.
5. Accordingly, the present writ petition is dismissed
with liberty to the petitioner to invoke statutory remedy as
available to him.
(Jitendra Kumar, J)
shoaib/-
U T
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