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Patna High Court

Vikash Kumar OjhaversusThe State of Bihar through Principal Secretary, Home Dept. Bihar

Decided
Disposal
DISMISSED

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

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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