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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Manish Choudhury
Manjula Daughter of Late Rati Kanta Sarma – Appellant
Versus
State of Assam Represented by The Commissioner and Secretary – Respondent
JUDGMENT :
Manish Choudhury, J.
Heard Mr. B.K. Sen, learned counsel for the petitioner and Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent nos. 1-5.
2. The petitioner has approached this Court instituting the instant writ petition under Article 226 of the Constitution of India seeking the following reliefs / directions :-
[A] A writ in the nature of nature of mandamus shall not be issued directing the Officer-In-Charge, Chandmari Police Station, Guwahati-3, to register the case under section 327/336/337/352/426/504/509 I.P.C; based on the F.I.R dated 23.12.2021 [Annexure-3], the F.I.R. dated 6.5.2022 [Annexure-4], and the F.I.R. dated 22.1.2024 [Annexre-7] lodged by the petitioner and for investigation of the cases in accordance with the law; and/or,
[B] A writ in the nature of nature of mandamus shall not be issued directing the respondent authorities to act in accordance with the law under section 23 and 24 of the Mental Health Act, 1987, and also to provide for the security and protection to the life and property of the petitioner; and/or,
[C] Such further and other orders shall not be passed as your Lordships may deem fit and proper under the facts and cir
The court emphasized that a petitioner must exhaust alternative remedies under the CrPC and BNSS before seeking relief under Article 226 of the Constitution.
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 point established in the judgment is that the remedy for aggrieved persons seeking the registration of an FIR is to approach the Magistrate under Section 156(3) Cr.P.C. and not to file....
The availability of an alternative efficacious remedy under Section 156(3) Cr.P.C. for seeking proper investigation and action against accused persons, which precludes the filing of a writ petition u....
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.
The main legal principle established in the judgment is that the remedy for aggrieved persons seeking FIR registration lies under Section 156(3) Cr.P.C. before the concerned Magistrate, and not throu....
Availability of alternative efficacious remedy under section 156(3) of the Cr.P.C. for seeking the registration of an FIR.
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