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Patna High Court

Vinay Kumar ThakurversusThe State of Bihar through the Additional Chief Secretary, Department of Home Affairs, Patna.

Decided
Disposal
DISPOSED

Holding

The High Court held that the writ petition is not maintainable as alternative remedies under the Criminal Procedure Code are available, and therefore dismissed the petition.

Summary

The petitioner, Vinay Kumar Thakur, filed a writ petition seeking a mandamus directing the police to register an FIR against several private respondents and to provide protection for his life and property. He alleged that despite multiple applications to the police and superintendent between 2023 and 2024, no action was taken. The Court observed that the petitioner could have approached the territorial Judicial Magistrate under the Criminal Procedure Code and that alternative remedies under Sections 36, 154(3), 156(3) and 200 CrPC were available. Citing the Supreme Court decision in Sikiri Vasu v. State of U.P., the Court held that a writ petition is not the appropriate remedy when such alternatives exist. Consequently, the petition was dismissed, with liberty left to the petitioner to pursue the matter in the appropriate forum.

Issues considered

  • Whether a writ of mandamus can be issued directing police to register an FIR when alternative remedies under the CrPC are available.
  • Whether the delay in approaching the High Court bars the writ petition.
  • Whether the petitioner must first approach a magistrate before seeking judicial intervention.

Legislation cited

Subjects

  • writ petition
  • mandamus
  • FIR registration
  • police inaction
  • alternative remedy
  • Criminal Procedure Code
  • Section 482 CrPC
  • Section 156(3) CrPC
  • Section 200 CrPC
  • High Court dismissal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Criminal Writ Jurisdiction Case No.70 of 2026
     ======================================================
     Vinay Kumar Thakur Son of Sri Ram Nandan Thakur Resident of Village-
     B4, 20/B, New Shivnagar, Forthline, P.O. Gadenaria, Kolkata, West Bengal-
     700024.

                                                                    ... ... Petitioner/s

                                            Versus


1.   The State of Bihar through the Additional Chief Secretary, Department of
     Home Affairs, Patna. Patna
2.   The Director General of Police, Bihar, Patna. Bihar
3.   The Inspector General of Police, Tirhut Range, Muzaffarur. Bihar
4.   The Superintendent of Police, Vaishali, Hajipur, Bihar. Bihar
5.   The Officer Incharge, Desari Police Station, Vaishali. Bihar
6.   Nishant Thakur Son of Late Upendra Thakur Resident of Village and P.S.-
     Desari, District- Vaishali.
7.   Pramod Kumar Son of Baleshwar Thakur. Resident of Village- Deshri, P.O.
     and P.S.-Deshri, District- Vaishali.
8.   Bibha Devi wife of Pramod Thakur. Resident of Village- Deshri, P.O. and
     P.S.-Deshri, District- Vaishali.
9.   Prabhat Thakur @ Chottu Son of Pramod Thakur. Resident of Village-
     Deshri, P.O. and P.S.-Deshri, District- Vaishali.
10. Kumod Thakur Son of Baleshwar Thakur Resident of Village- Deshri, P.O.
     and P.S.-Deshri, District- Vaishali.
11. Ahhishekh Thakur Son of Vinod Thakur. Resident of Village- Deshri, P.O.
     and P.S.-Deshri, District- Vaishali.
12. Chandan Thakur Son of Siyaram Thakur Resident of Village-Hasanpur,
     Oasti, P.S.- Mahua, District- Vaishali.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :           Mr.Rajnish Kumar Dubey, Advocate
     For the State          :           Mr. Kamlesh Kishore, AC to SC-12
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                           ORAL ORDER
         Patna High Court CR. WJC No.70 of 2026(2) dt.02-07-2026
                                                     2/5




2   02-07-2026                     The present writ petition has been filed seeking

                   following relief(s):-

                                           "(A) Issuance of writ in the nature of
                                           mandamus           commanding    the   official
                                           respondents with a directions to lodge the
                                           F.I.R. against the accused persons including
                                           Private Respondents who have named in the
                                           written application dated 24.09.2023 and
                                           others to the Officer Incharge, Desari Police
                                           Station, Vaishali, Bihar.
                                           (B) The official respondents further be
                                           directed to give full protection of life and
                                           property of the petitioner from the Private
                                           Respondents who have threatened him for do
                                           so.
                                           (C) The respondents further be directed to
                                           warn the accused persons not to interfere
                                           with the family matters if any and also
                                           Private Respondents be directed not to
                                           interfere with the husband's wife issue if not
                                           raised.
                                           (D) To grant such other relief or reliefs for
                                           which the petitioner entitled to."


                                02. Learned counsel for the petitioner submits that the

                   petitioner submitted written application on 17.08.2023 and

                   another application on 21.09.2023 before the Desari Police

                   Station, Vaishali regarding quarrel and threat extended by the
Patna High Court CR. WJC No.70 of 2026(2) dt.02-07-2026
                                            3/5




          private respondents 6 to 12 but no action has been taken by the

          concerned SHO. Copy of the application has also been sent to

          Superintendent of Police, Vaishali through speed post on

          16.12.2023. Thereafter, a number of complaint/representations

          are given by the petitioner as well as his wife before the

          Superintendent of Police, Vaishali regarding protection of life

          and property of the petitioner and his wife and widow mother-

          in-law vide written applications dated 06.02.2024, 07.08.2024

          and 18.10.2024 but no action has been taken.

                       03. Learned counsel appearing on behalf of the State-

          respondents seeks time for filing reply/counter affidavit.

                       04. Perused the record.

                       05. From perusal of the record, it appears that the

          petitioner and the private respondents are relatives and the

          private respondents are in-laws of the petitioner. Though the

          petitioner has approached the Superintendent of Police, Vaishali

          for his grievance, it appears no action has been taken. If the

          petitioner has been able to make out a case for registration of the

          FIR under cognizable offences, the petitioner ought to have

          approached the territorial Judicial Magistrate and without

          exercising his alternative remedy which is equally efficacious,

          the petitioner has rushed to this Court. It is also pertinent to note
Patna High Court CR. WJC No.70 of 2026(2) dt.02-07-2026
                                            4/5




          here that the occurrence took place in the year 2023 and the

          petitioner has approached this Court only in the year 2026, i.e.,

          after much delay. The Hon'ble Supreme Court in the case of

          Sikiri Vasu v. State of U.P., (2008) 2 SCC 409 has observed that

          the High Court should discourage the practice of filing a writ

          petition or petition under Section 482 CrPC simply because FIR

          has not been registered by the police, or after being registered,

          proper investigation has not been done by the police. The

          Hon'ble Supreme Court has further observed that the remedy

          lies under Sections 36 and 154(3) CrPC before the police

          officers concerned, and if that is of no avail, under Section

          156(3) CrPC before the Magistrate, or by filing a criminal

          complaint under Section 200 CrPC and not by filing a writ

          petition or a petition under Section 482 CrPC. The Hon'ble

          Supreme Court has also noted that though 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.

                       06. Therefore, considering the peculiar facts of the

          case and availability of alternative and efficacious remedy to the

          petitioner, I am not inclined to entertain the present writ petition

          and hence, the same is disposed of reserving liberty to the
        Patna High Court CR. WJC No.70 of 2026(2) dt.02-07-2026
                                                    5/5




                  petitioner to have recourse of law in appropriate proceeding

                  before appropriate forum.



                                            (Arun Kumar Jha, J)

DKS/-

U


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