Rina Devi v. The State of Bihar
Case at a glance
- Bench
- SANDEEP KUMAR
Outcome
Disposed of
Accordingly, this application is disposed of with the
Provisions considered
- Code of Criminal Procedure, 1973 ss. 156(3), 190, 200, 482
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 210, 223
Key paragraphs
- Para 77. Accordingly, this application is disposed of with the aforesaid liberty to the petitioner. (Sandeep Kumar, J) Vikas/- U
Judgment
====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR Mr.Sanjay Kumar Singh Mr.G.P.12 : : 2 07-07-2025 Heard the parties. ORAL ORDER
This application has been filed on behalf of the petitioner seeking a direction upon the respondents for registering the FIR and investigating the case with respect to unnatural and suspected death of Sanjay Kumar Singh.
The Hon’ble Supreme Court in the case of Sakiri Vasu vs. State of U.P., reported as (2008) 2 SCC 409 has discouraged the practice of approaching the High Court with a prayer for registration of an F.I.R. The relevant paragraphs of Patna High Court CR. WJC No.684 of 2024(2) dt.07-07-2025 the aforesaid decision read as under:- “27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Criminal Procedure Code simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Criminal Procedure Code before the Magistrate or by filing a criminal complaint under Section 200 Criminal Procedure Code and not by filing a writ petition or a petition under Section 482 Criminal Procedure Code.
It is true that 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” (Emphasis supplied)
The aforesaid ratio was reiterated by the Hon’ble Supreme Court in the case of Sudhir Bhaskarrao Tambe vs. Patna High Court CR. WJC No.684 of 2024(2) dt.07-07-2025 Hemant Yashwant Dhange reported as (2016) 6 SCC 277 and in the case of M. Subramaniam vs. S. Janaki reported as (2020) 16 SCC 728.
If the F.I.R is not registered on account of inaction on the part of the police officials or the actions not to the satisfaction of the petitioner, then the efficacious alternative remedy is available to the petitioner under sections 190, 200 of the Cr.P.C (sections 210, 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023) or other statutory provisions under law.
Therefore, the petitioner is given liberty to avail alternative remedies as provided under the Cr.P.C./Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for registration of the F.I.R.
Operative part
Accordingly, this application is disposed of with the aforesaid liberty to the petitioner. (Sandeep Kumar, J) Vikas/- U
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this application is disposed of with the
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 156(3), 190, 200, 482; Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 210, 223.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.