MANISH CHOUDHURY
Abdur Rahim S/o Late Surut Zamal – Appellant
Versus
State of Assam – Respondent
ORDER :
1. Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. R. Talukdar, learned Junior Government Advocate, Assam for all the respondents.
2. The petitioner has instituted the writ petition under Article 226 of the Constitution of India seeking inter-alia a writ in the nature of Mandamus and/or any other appropriate Writ, order or direction of like nature to direct the respondent authorities to entrust the investigation of the crime case, Mankachar Police Station Case No. 269/2022 either to the Criminal Investigation Department (CID), Assam or the Central Bureau of Investigation (CBI).
3. The petitioner has inter alia projected that three accused persons had kidnapped his minor son, aged about 16 years, on 02.09.2022. In connection with the kidnapping of his minor son, the petitioner had lodged a First Information Report (FIR) before the Officer In-Charge, Mankachar Police Station, District - South Salmara, Mankachar on 06.09.2022. As per the FIR, at around 09-00 a.m. on 02.09.2022, the accused no. 1, named therein, came to the petitioner’s house and took the petitioner’s son in his motor-cycle for a ride. Thereafter, the accused no. 1 in connivance with the other tw
The appropriate remedy for non-registration of an FIR is to approach the Magistrate under Section 156(3) CrPC, rather than filing a writ petition.
The duty of the Investigating Officer to find the truth, the powers of the Magistrate to ensure proper investigation, and the importance of fair and just investigation under Article 21 of the Constit....
The main legal point established in the judgment is the emphasis on the alternative efficacious remedy of approaching the Magistrate under the Cr.P.C. for seeking registration of an FIR and ensuring ....
The main legal point established in the judgment is the applicability of Section 156(3) of Cr.P.C. for seeking directions for a fair investigation in a criminal case.
The availability of an alternative efficacious remedy under Section 156(3) of the Cr.P.C. for seeking fair investigation and relief from harassment.
The petitioner should avail the alternative efficacious remedy under the Cr.P.C. before approaching the High Court with a writ petition.
The main legal principle established is that when an alternative efficacious remedy is available to the petitioner under Section 156(3) Cr.P.C., the court should not entertain the petition.
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