Chicho Yadav v. The State Of Bihar

.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar ‘Ghosharvey’ For the Respondent : Mr. Sanjay Kumar No.I, SC-12. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-08-2012 A counter affidavit has been filed on behalf of the respondent no.3. Let it be kept on record. The petitioner claims that he purchased 1440 sq ft. land over plot no.31, Khata no.414 under police station-Lodipur, District-Bhagalpur. The private respondent nos.6 to 11 are not allowing him to make construction on the aforesaid land. Under such circumstances, he has filed the present writ petition for directing the respondent nos. 2 to 4 to order respondent no.5 institute the FIR against the private Patna High Court CR. WJC No.929 of 2011 (2) dt.03-08-2012 2 respondents. In the counter affidavit filed on behalf of the respondents, it is clearly stated that the contentions of the petitioner made in the writ petition are not true. A Junior Sub-Inspector of Police, Vijay Kumar, had made an enquiry into the matter and submitted his report dated 22.11.2011. In his report, he has informed that the land measuring 1430 sq ft. belonging to the petitioner has been separated and he is at liberty to construct his own house. In any view of the matter, the writ petition cannot be allowed. If the petitioner has any grievance due to non-registration of the FIR, he has an alternative remedy to file a complaint before the learned Chief Judicial Magistrate concerned under Sections 190 and 200 of the Code of Criminal Procedure. In case, a complaint is made, it is for the Magistrate concerned either to send the complaint to the police under Section 156(3) of the Code of Criminal Procedure for investigation, or to proceed with enquiry under the Code. I find no merit in the present writ petition. It is dismissed, accordingly. (Ashwani Kumar Singh, J) B.Kr./-