IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No. 162 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Anjani Kumar Son of Ashok Sharma village- Babhanlai, Ps- IIT, Amhara, Dist- Patna ... ... Petitioner/s Versus 1. The State of Bihar Through the Director General of Police, Bihar, Patna bihar 2. The Inspector General of Police, Patna Range, Patna bihar 3. The Senior Superintendent of Police, Patna bihar 4. The City Superintendent of Police, Patna West, Patna bihar 5. The District Magistrate, Patna bihar 6. The Sub Divisional Officer, Danapur, Patna bihar 7. The Station House officer, IIT, Amhara, patna bihar 8. Sri Shiv Kumar, Agrani Infra Developer Pvt. ltd. (D.D. Infra Tech. Pvt. Ltd.) son of Ganesh Prasad Singh village- 76, MIG Kankarbagh, Hanuman Nagar, Ps- Patrakar Nagar, Dist- Patna 9. Sanjeev Kumar son of Ram Jatan Singh village- Babhanlai, Ps- IIT, Amhara, Dist- Patna 10. Pawan Kumar Son Of Bhagwan Singh village- Babhanlai, Ps- IIT, Amhara, Dist- Patna ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Respondent/s : Mr.G.A.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 10-07-2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. This application has been filed for seeking following reliefs: (i) For issuance of an appropriate writ/writs, order/ orders, direction / directions upon the respondents in the Patna High Court CR. WJC No. 162 of 2025(2) dt.10-07-2025 2/4 nature of Mandamus to provide protection of life and properties to the petitioner and his family members which is danger from respondents no. 8 to 10 because of the reasons that the Respondents no. 8 to 10 forcibly tried to captured the 154.25 Decimal land of the petitioner and his family members (which description is given below) for which respondent no. 8 to 10 are doing marpit with the petitioner and his family members and threatened to danger of life. (ii) To direct the Respondents to immediate take legal action against the respondents no. 8 to 10 for saved the life and properties of the petitioner and his family members from respondent no. 8 to 10. 3. 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 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 Patna High Court CR. WJC No. 162 of 2025(2) dt.10-07-2025 3/4 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. 28. 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) 4. The aforesaid ratio was reiterated by the Hon’ble Supreme Court in the case of Sudhir Bhaskarrao Tambe vs. 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. 5. 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 Patna High Court CR. WJC No. 162 of 2025(2) dt.10-07-2025 4/4 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. 6. 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. 7. Accordingly, this application is disposed of with the aforesaid liberty to the petitioner. anand/- (Sandeep Kumar, J) U T