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IN THE HIGH COURT AT CALCUTTA
Sujoy Paul, Partha Sarathi Sen
Abdul Rashid Khan – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. representation and admission of counsel. (Para 1 , 2) |
| 2. challenge to validity of prior order. (Para 3 , 4) |
| 3. procedures related to fir registration. (Para 5) |
JUDGMENT :
SUJOY PAUL, ACJ.
1. Mr. Samanta, learned counsel appears on behalf of appellant and Mr. Mitra, learned counsel appears on behalf of State.
2. Heard on admission.
3. This intra-Court appeal questions the validity and correctness of order dated 11.04.2025 passed in W.P.A. 6606 of 2025. The petitioner/appellant before the learned Single Judge prayed for following reliefs:-
“The Application is made bonafide and for the ends of justice.
Under the circumstances the petitioner, therefore, pray for:
a) A Writ in the nature of Mandamus commanding the respondent no.4 to take steps on the basis of the complaint of the petitioner (Annexure P/2 to the Writ Petition) for bringing the respondent no.5 to 14 under justice and by initiating appropriate criminal proceeding forthwith;
b) A Writ in the nature of Certiorari directing the respondents to transmit and produce all relevant records of this case before this Hon'ble Court so that conscionable justice may be done to the petitioner, c) Rule NISI in terms of prayers (a)
Writ jurisdiction should only be exercised when no alternative remedies exist; parties must seek resolution through appropriate legal channels before court intervention.
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....
The court established that a writ petition is not maintainable when alternate remedies under the CrPC are available for addressing police inaction.
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....
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....
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