The court holds that writ petitions cannot compel FIR registration when adequate remedies under criminal law exist.

The instant public interest litigation has been filed by the petitioner praying inter alia for the following relief(s):-

“a) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. I to 3 to immediately remove the said post from Twitter;

b) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. 1 to 3 treat this petition as a complaint and immediately register a First Information Report (FIR) against the respondent No. 4 under Section 196 of the Bharatiya Nyaya Sanhita , 2023 and any other applicable provision of law;

c) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. 1 to 3 to form a Special Investigation Team to investigate into the veracity of the post made by the respondent No.4 in Twitter and file a report before this Hon'ble Court;

d) A writ of or in the nature of Mandamus do issue directing the Respondent No. 5 to carry out an investigation with regard to the veracity of the post made by the respondent No.4 in Twitter and file a report before this Hon'ble Court;

e) A writ of or in the nature of Mandamus do issue forming guidelines and/or strictures with regard to fake and or reckless posts made by political leaders;

f) Rule NISI in terms of prayers above;

g) an order be passed restraining the respondent NO. 4 from publishing or sharing any post in any social/electronic/print media or from making any speech or statement that promote communal discord, violence, or enmity between different religious or political groups;

h) Pass any other order or direction that this Hon’ble Court may deem fit and proper in the interest of justice and to protect the secular fabric and public order in the State of West Bengal.”

Apropo the facts of the case precisely is with regard to the sensational post made by the respondent No. 4 on Twitter instigating and inciting huge communal discord, disharmony and violence being in contravention to Section 196 of the Bharatiya Nyay Sanhita, 2023 ( BNS ) attracting to be a cognizable offence. It is submitted by the Learned Counsel for the petitioners that the respondent No. 4 being a political leader of a high stature has impacted several citizens of the State by exercising the influencing power to escalate the number of followers to 9700. It is further submitted that the petitioner has been able to ascertain subsequently from the said post that the same has been followed and reacted by 1,08,000 numbers of viewers which is evident from the posts annexed to the Writ Petition as Annexure ‘P2’.

The main bone of contention of the writ petitioner is for taking cognizance of the same made by the Police Authorities for taking necessary action by registering First Information Report (FIR) against the respondent No. 4 and to take necessary steps in accordance with law for removing the post made on Twitter.

The point involved in this case is no more res Integra. The question cropped up before a Division Bench of the Hon'ble Supreme Court in the case of Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage & Ors. Reported at (2016) 6 SCC 277 as to whether the remedy under Article 226 of the Constitution of India can be availed if there exists inaction of Police in registering the FIR in relation to a cognizable offence. The Apex Court drawn the curtains on the said aspects in following words:

“2. This Court has held in Sakiri Vasu v. State of U.P. , that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC. If such an appointment under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a p