IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, ACJ., PARTHA SARATHI SEN
Anath Bandhu Shyam – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SUJOY PAUL, ACJ.
1. Sri Pinaki Ranjan Chakraborti , learned counsel appears for appellant and Mr. Ashim Kr. Ganguly, learned counsel for the State appears.
2. Heard on admission.
3. This intra-Court appeal assails the order dated 07.10.2024 passed by learned Single Judge in WPA 22014 of 2024. The principal grievance put forth by appellant before learned Single Judge was about alteration of the revenue record to his detriment by the Revenue Officers. Thus, he named two Revenue Officers, who had allegedly altered the revenue record and prayed for a direction to the police to take action against them. In addition, it is canvassed that revenue record is illegally altered.
4. The learned Single Judge opined that so far alleged illegality/alteration in the record of right is concerned, the petitioner is at liberty to take steps before appropriate forum. So far second aspect regarding involvement of two officers is concerned, the Court opined that said two officers named by appellant were not posted in Revenue Department in 2016 when revenue record was allegedly altered. Thus, no action was directed to be taken against those officers.
5. Learned counsel for appellant raised two fold
Writ jurisdiction should only be exercised when no alternative remedies exist; parties must seek resolution through appropriate legal channels before court intervention.
Writ Jurisdiction cannot be invoked to register FIR where alternative equally efficacious statutory remedies are available.
The court established that a writ petition is not maintainable when alternate remedies under the CrPC are available for addressing police inaction.
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 High Court should not exercise its extraordinary writ jurisdiction to direct the registration of an FIR when an efficacious alternative statutory remedy is available, unless there are exceptional....
The main legal point established in the judgment is that the writ of mandamus can be declined when seeking to direct registration of FIR before exhausting the available statutory remedies under Cr.P.....
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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