Case Note & Summary
The petitioner, Rajesh @ Nagesh s/o Phulajirao Hiras, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench. The petitioner sought a writ directing respondent no. 4, the Police Station Officer of Vasmat, to register an offence based on his report dated 3.8.2006. After arguing for some time, the learned counsel for the petitioner, on instructions, stated that the petitioner may be permitted to withdraw the petition with liberty to avail alternate remedies available in law, including filing a private complaint case. The court accordingly dismissed the petition with the said liberty and no order as to costs. Rule stood discharged.
Headnote
A) Criminal Procedure - Registration of FIR - Writ of Mandamus - Article 226 of the Constitution of India - Petitioner sought direction to police to register offence on his report - Court permitted withdrawal with liberty to avail alternate remedies including filing private complaint - Held that when alternate remedy exists, writ petition may be dismissed with liberty to pursue such remedy (Paras 1-3).
Issue of Consideration
Whether the court should direct the police to register an FIR based on a complaint when the petitioner has alternate remedies available.
Final Decision
Petition dismissed with liberty to avail alternate remedies including filing private complaint. No order as to costs. Rule discharged.
Law Points
- Writ of mandamus
- registration of FIR
- alternate remedy
- private complaint
Case Details
2010 LawText (BOM) (01) 128
Criminal Writ Petition No. 594 of 2006
P.V. Hardas, Shrihari P. Davare
Shri Omprakash V. Kashid for petitioner, Shri S.D. Kaldate, APP for respondents
Rajesh @ Nagesh s/o Phulajirao Hiras
The State of Maharashtra, The Special Inspector General of Police, Nanded Range, The Superintendent of Police, Hingoli, The Police Station Officer, Vasmat
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Nature of Litigation
Criminal Writ Petition under Article 226 of the Constitution of India seeking direction to register an offence.
Remedy Sought
Petitioner sought issuance of a writ directing respondent no. 4 to register an offence on the basis of his report dated 3.8.2006.
Filing Reason
Police failed to register an FIR based on the petitioner's report.
Issues
Whether the court should direct police to register FIR when petitioner has alternate remedies.
Submissions/Arguments
Petitioner's counsel sought permission to withdraw petition with liberty to avail alternate remedies including filing private complaint.
Ratio Decidendi
When a petitioner has alternate remedies available in law, including filing a private complaint, a writ petition seeking direction to register an FIR may be dismissed with liberty to pursue such remedies.
Judgment Excerpts
This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for issuance of a writ directing respondent no. 4 to register an offence on the basis of the report of the petitioner dated 3.8.2006.
After arguing for some time, learned counsel for the petitioner states on instructions that the petitioner may be permitted to withdraw this petition with liberty to avail the alternate remedies available to the petitioner in law including that of filing private complaint case.
We accordingly dismiss this petition with the afore said liberty with no order as to costs. Rule stands discharged.
Procedural History
Petitioner filed Criminal Writ Petition No. 594 of 2006 under Article 226 of the Constitution of India seeking direction to register FIR. After arguments, counsel sought withdrawal with liberty to avail alternate remedies. Court dismissed petition with liberty.
Acts & Sections
- Constitution of India: Article 226
