ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that though the respondents-authorities have registered a case, vide Crime No.232 of 2025 on 15.03.2025, they have not incorporated the relevant sections of BNS, and as such, the petitioner had approached the respondents-authorities and submitted an additional representation/ complaint dt.17.03.2025, and in spite of the same, no action is taken to alter the provision of law in the crime registered against the accused therein, which action of the respondents-authorities it is contended is illegal and arbitrary.

3. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 5 submits that based on the complaint made by the petitioner, on 15.03.2025, the authorities have registered a case, vide Crime No.232 of 2025 on the same day, and have undertaken investigation thereinto.

4. Learned Government Pleader further submits that if the petitioner is not satisfied with the course of investigation or the provision of law under which the aforesaid crime is registered, it is always open for him to approach the concerned Court and seek for further investigation into the matter in terms of provisions of Section 175 of BNSS and for the said reason, the present Writ Petition under Article 226 of the Constitution of India is not maintainable.

5. I have taken note of the respective contentions urged.

6. Having regard to the submissions made as above, and taking note of the fact that this Court in similar circumstances having held that in a Writ jurisdiction under Article 226 of the Constitution of India, the High Court cannot issue a direction to alter the provisions of law under which a case is registered, except in exceptional cases, and since the facts of the present case is not an exceptional case, such circumstances do not exist, this Court is of the view that the petitioner should be relegated to avail the remedies open to him in law under BNSS.

7. Granting liberty as noted above, the Writ Petition is disposed of. No order as to costs.

8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ T. VINOD KUMAR, J