Patna High Court

CHANAR RAI @ RAMCHANDRA AHIR @ CHANAR AHIRversusThe State of Bihar through Principal secretary, Home Deptt. Govt. of Bihar, Patna.

Decided: 23 March 2026
Disposal: WITHDRAWN
Bench: JITENDRA KUMAR

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to pursue the statutory remedy of FIR registration.

Summary

The petitioner, Chanar Rai, filed a criminal writ petition seeking a direction to the police to register an FIR against the respondents. The petitioner later requested permission to withdraw the petition while retaining the right to pursue the statutory remedy of FIR registration. The Court considered whether it could order the police to register an FIR and whether a petition could be withdrawn with liberty to seek statutory remedies. The Court granted the petitioner's request to withdraw the petition. Consequently, the petition was dismissed as withdrawn, with liberty to approach the appropriate statutory forum for FIR registration.

Issues considered

Whether the High Court can direct the police to register an FIR under criminal procedure law.
Whether a petitioner may withdraw a criminal writ petition while preserving the right to seek statutory remedies.

Subjects

FIR registration
criminal procedure
writ jurisdiction
withdrawal of petition
statutory remedy

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.907 of 2022
                   ======================================================
                   Chanar Rai @ Ramchandra Ahir @ Chanar Ahir Son Of Sukhal Yadav Ahir
                   Resident Of Village - And P.S.- Harsidhi, Distt.- East Champaran, Motihari.
                                                                               ... ... Petitioner/s
                                                      Versus

             1.    The State of Bihar through Principal Secretary, Home Deptt. Govt. of Bihar,
                   Patna.
             2.    The Principal secretary, Home Deptt., Govt. of Bihar
             3.    The Director General of Police, Bihar, Patna.
             4.    The Additional Inspector General of Police, Bihar, Patna.
             5.    The Superntendent of Police, Distt. East Champaran, Motihari.
             6.     The Officer in Charge, Harsidhi, Distt.- East Champaran , Motihari.
                                                                             ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :       Mr. Sharda Nand Mishra, Advocate
                                                  Mr. Dhananjay Kumar Gupta, Advocate
                                                  Ms. Shambhavi Vatsa, Advocate
                   For the State          :       Mr. Suman Kumar Jha, AC to AAG-3
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                         ORAL ORDER

7     23-03-2026                   The present petition has been preferred by the

                     petitioner for direction to the police for registration of an FIR.

                     However, learned counsel for the petitioner is seeking

                     permission to withdraw the present petition with liberty to take

                     statutory remedy to get the FIR lodged.

                                   2. Permission is granted.

                                   3. Accordingly, the present petition is dismissed as

                     withdrawn with the aforesaid liberty, as sought for.


                                                              (Jitendra Kumar, J)
shoaib/-
U        T

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