Writ Petition for Registration of FIR Disallowed Where Alternative Remedies Exist Under Criminal Procedure Code.

The petitioners, Suraj Thakur and Smt. Kiran Thakur, filed a writ petition seeking a mandamus directing the police to register a First Information Report (FIR) and conduct a fair investigation against respondents No. 5 and 6

The petitioners alleged that despite submitting multiple written complaints to various police authorities, no FIR was registered in accordance with the mandate of Lalita Kumari v. Government of Uttar Pradesh

The State opposed the petition, arguing that the petitioners had efficacious alternative remedies available under the Code of Criminal Procedure/Bharatiya Nagarik Suraksha Sanhita

Whether a writ petition under Article 226 of the Constitution is maintainable for the registration of an FIR when alternative statutory remedies exist under criminal procedure law

The Court applied the principle of "alternative remedy," specifically noting that grievances regarding the non-registration of an FIR should be addressed through Section 156(3) or Section 200 of the Cr.P.C. (now Section 175(3) or Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023)

The Court relied on judicial precedents including the Allahabad High Court decision in Waseem Haider vs. State of U.P. (Misc. Bench No. 24492 of 2020) and its own prior ruling in Akhilesh Agrawal vs. State of Chhattisgarh & Others (WPCR No. 333 of 2020), which establish that writ jurisdiction should not be invoked for matters where a Magistrate can provide relief

The Court examined the petitioners’ prayer for a directed investigation and FIR registration against the backdrop of established procedural law. It noted the State’s contention that the petitioners had failed to exhaust the statutory remedies available before the Magistrate

By referencing Waseem Haider and Akhilesh Agrawal, the Court underscored that the High Court would not exercise its extraordinary writ jurisdiction to bypass the specialized machinery provided under the Cr.P.C. (or the BNSS) for compelled registration of FIRs or private complaints

The Court concluded that the matter was squarely covered by these precedents, necessitating a dismissal of the writ to allow the petitioners to approach the appropriate forum

The petitioners were granted liberty to avail appropriate legal remedies before the competent Forum/Court below (i.e., filing an application before a Magistrate)