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MANISH CHOUDHURY
Pawan Kumar Bagri S/o Shri Bhagwan Das Bagri – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. M. Nath, learned senior counsel assisted by Mr. A. Roy, leanred counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for all the respondents.
2. The case of the petitioner, as projected in the writ petition, in brief, is that he lent an amount of Rs. 8,80,000/- to one Mr. Gagan Ashok Khemka in the year 2006. The petitioner has contended that Mr. Gagan Ashok Khemka who borrowed the money from him, assured him to refund the said amount within a specified time period. The petitioner stated to have lent the said amount to the borrower (Mr. Gagan Ashok Khemka) through a cheque bearing no. 84513 drawn at ICICI Bank, Bhangagarh Branch on 01.11.2006 and the amount was duly credited to the borrower’s bank account bearing no. 036601500438 maintained at Juhu Branch, ICICI Bank, Mumbai. When the borrower did not return the money despite several requests made by the petitioner, the petitioner stated to have lodged a First Information Report (FIR) before the Officer In-Charge, Bhangagarh Police Station on 06.02.2018. On receipt of the said FIR, a case has been registered by the Officer In-Charge, Bhangagarh Po
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.
High Courts should not entertain writ petitions for grievances regarding non-registration of FIRs or improper police investigations, as the law provides adequate alternative remedies for an aggrieved....
Availability of alternate remedies for grievances related to FIR registration and investigation, and the discouragement of filing a writ petition or petition under Section 482 of Cr.P.C. for such gri....
The main legal point established is that the remedy for police inaction in investigating a complaint lies under Section 156(3) of Cr.P.C. before the concerned police officers or the Magistrate, and n....
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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