Patna High Court
MANOJ KUMAR JAISWALversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The writ petition is dismissed, and the petitioner is directed to seek relief by filing an application before the Judicial Magistrate under Section 156(3) of the Criminal Procedure Code.
Summary
Manoj Kumar Jaiswal filed a written complaint on 06-06-2022 regarding an incident that occurred on 05-06-2022 and subsequently filed a writ petition seeking the police to lodge an FIR. The State contended that an FIR had already been lodged on an application filed by the petitioner on 12-02-2026, which the petitioner claimed pertained to a different incident. The Court observed that under Section 156(3) of the Criminal Procedure Code, a complainant has an alternative and effective remedy to approach a Judicial Magistrate for the direction to lodge an FIR. Consequently, the Court held that the writ petition was not the appropriate forum for relief. The petition was dismissed, with liberty granted to the petitioner to pursue the remedy before a Judicial Magistrate as prescribed by law.
Issues considered
- Whether a writ petition is maintainable to compel the police to lodge an FIR when an alternative remedy under Section 156(3) CrPC exists
- Whether the petitioner must approach a Judicial Magistrate under Section 156(3) CrPC instead of seeking relief through a writ petition
Legislation cited
- Criminal Procedure Code — s. 156(3)
Subjects
- FIR
- Section 156(3)
- writ petition
- Criminal Procedure Code
- police duty
- alternative remedy
- Judicial Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.768 of 2022
======================================================
Manoj Kumar Jaiswal Son of Late Rajendra Choudhary, Resident of
Thakurbari Road, Village - Hasanpur Surat, P.S.- Patori, Dist.- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Deptt. of Home, Govt. of Bihar, Patna Bihar
3. The Director General of Police, Old Secretariat, Patna Bihar
4. The Superintendent of Police, Samastipur Bihar
5. The Deputy Superintendent of Police, Patori, Samastipur Bihar
6. The Officer in-charge, Patori P.S., Samastipur Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the State : Mr. Saroj Kumar Sharma, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
7 25-06-2026 The present writ petition has been preferred by the
petitioner for lodging of F.I.R. in pursuance of his written
complaint to the police dated 06.06.2022 in regard to occurrence
taken place on 05.06.2022.
2. However, learned AC to AAG-3 for the State
submits that the F.I.R. has been lodged on application dated
12.02.2026 filed by the petitioner.
3. However, learned counsel for the petitioner submits
that the application of the petitioner dated 12.02.2026 in regard
to the separate occurrence.
4. However, this present writ petition was filed for
Patna High Court CR. WJC No.768 of 2022(7) dt.25-06-2026
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lodging of F.I.R. in view of occurrence taken place on
05.06.2022 for which written complaint dated 06.06.2022 was
filed by the petitioner to the police.
5. It is settled principle of law that under Section
156(3) Cr.PC, the petitioner has alternative efficacious remedy
to move an application before the Judicial Magistrate for
lodging of F.I.R.
6. Hence, the present petition is dismissed with liberty
to the petitioner to avail alternative remedy. If such application
is moved by the petitioner before the Judicial Magistrate, the
Judicial Magistrate is duty bound to pass appropriate order as
per law.
(Jitendra Kumar, J.)
ravishankar/-
U T
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