High Courts should ordinarily decline FIR-registration writs when statutory Magistrate remedies remain available.

The petitioner alleged that private respondents had executed a forged sale deed concerning her property and that the police had not acted on her complaints dated 30 April 2024 and 21 September 2026.

She sought a writ directing the police to register an FIR and provide police protection to her and her family.

The State opposed the petition, contending that she had an efficacious alternative remedy before the competent Magistrate.

Whether the High Court should entertain a writ petition seeking registration of an FIR when the petitioner has not availed the statutory remedies before the police authorities and the Magistrate.

Whether the petitioner’s requests for police protection and action on her complaints warranted relief under Article 226 in this petition.

Under Sections 154(3) and 156(3) of the Code of Criminal Procedure, 1973 (CrPC), an aggrieved person may approach the Superintendent of Police and, if the grievance persists, apply to the Magistrate for directions concerning registration of an FIR and investigation; a complaint under Section 200 CrPC is also available.

The corresponding remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are Sections 173(4), 175 and 223.

Sakiri Vasu v. State of U.P., (2008) 2 SCC 409, and the subsequent authorities cited by the Court establish that High Courts should ordinarily decline writ petitions seeking FIR registration or proper investigation where these statutory remedies have not been pursued.

The petitioner had approached the police authorities but had not pursued the remedy before the competent Magistrate.

Applying the statutory scheme and the cited authorities, the Court held that the Magistrate could consider a request for registration of an FIR and investigation, making that an efficacious alternative remedy.

The Court therefore declined to entertain the writ petition.

Although police protection was also sought, the Court did not separately analyse that request and dismissed the petition on the alternative-remedy ground.

The Court granted the petitioner liberty to approach the concerned Magistrate under the CrPC or BNSS, as applicable, for redressal of her grievance.