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SANJAY KAROL, AUGUSTINE GEORGE MASIH
Sujal Vishwas Attavar – Appellant
Versus
State of Maharashtra – Respondent
What is the scope and limitations of Article 226 writ jurisdiction when an efficacious statutory remedy exists under BNSS for registering an FIR? What is the proper sequence of statutory remedies before approaching the High Court for non-registration or inaction in FIR registration under BNSS S.173? What are the exceptions or circumstances under which the High Court may exercise writ jurisdiction notwithstanding available statutory remedies?
Key Points: - The High Court cannot ordinarily entertain a writ petition when an efficacious statutory remedy is available under BNSS S.173 and related provisions (!) (!) (!) . - BNSS provides a sequential mechanism: FIR to police under S.173, then remedies with the Superintendent of Police under S.173(4), then Magistrate under S.175(3) (!) . - Writ jurisdiction may be invoked in exceptional circumstances (e.g., violation of fundamental rights, natural justice, lack of jurisdiction, or vires challenge) but not as a general substitute for statutory remedies (!) (!) . - Sakiri Vasu and subsequent cases emphasize approaching police or Magistrate under CrPC before resorting to Article 226 (!) (!) (!) . - The Court set aside an interim order directing FIR registration where BNSS remedies were not exhausted, quashing FIR Nos. 0194/2025 (!) . - The decision reiterates that Article 226 is not a panacea for all grievances about FIRs or investigations, and High Courts should discourage such interference in routine inaction cases (!) (!) . - The judgment references and aligns with Radha Krishan Industries and Rikhab Chand Jain on limits of writs when statutory remedies exist (!) (!) (!) . - The matter involved directing police to record statements and resulted in FIR registration as a consequence of writ directions, which was set aside (!) (!) (!) .
JUDGMENT :
SANJAY KAROL, J.
Leave Granted.
2. The appellant(s) have preferred the present appeal(s) against the impugned interim order dated 17.12.2025 passed by the High Court of Judicature at Bombay in Writ Petition No.5154 of 2025, whereby the High Court had directed the police to record the statement of Director, Mrs. Asha Shivajirao Sanap, of E & G Global Estates Ltd. (hereinafter referred to as the ‘Complainant Company’) and initiate necessary action as per provisions of law. Pursuant to the said direction, FIR1[Short for ‘First Information Report’.] No.0194/2025 came to be registered against the present appellant(s).
3. Although the question raised in this appeal is one of relative simplicity i.e., whether under Article 226 of the Constitution of India a direction could be given to State Authorities to register an FIR without the applicant first having taken recourse to the alternative remedies provided in law. This question however arises from a convoluted set of facts involving various commercial transactions and as such it would be important for the purposes of clarity to appreciate the same.
Writ Jurisdiction cannot be invoked to register FIR where alternative equally efficacious statutory remedies are available.
The main legal point established in the judgment is that the High Court cannot issue a direction for registration of an FIR under Article 226 of the Constitution of India, and the aggrieved person sh....
Writ jurisdiction should only be exercised when no alternative remedies exist; parties must seek resolution through appropriate legal channels before court intervention.
Point of law: although Sec. 156(3) is very briefly worded, there is an implied power in the Magistrate under Sec. 156(3) Cr.P.C. to order registration of a criminal offence and / or to direct the off....
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
The High Court does not entertain a writ petition to compel FIR registration when alternative remedies under the Criminal Procedure Code are available, reinforcing the requirement for exhaustion of s....
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