HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.8224 of 2025

O R D E R

Heard learned counsel for petitioner and learned Government Pleader for Home appearing on behalf of respondents, and perused the record. With the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. The case of the petitioner in brief is that despite the 2^nd respondent giving necessary instructions to add other culprits and also the relevant section of law in the FIR No.756/2024 dated 18-12-2024, the 3^rd respondent is not taking any action thereon in spite of the petitioner’s written complaint dated 07-02-2025 followed by personal visits to respondent authorities, which action of the respondent authorities, it is contended as highly illegal, arbitrary, unjust and unconstitutional.

3. Per contra, learned Government Pleader for Home appearing on behalf of respondents submits that if the petitioner is aggrieved by the course of investigation into Cr.No.756/2024 or that the provisions under which the accused has been charged with, the petitioner can approach the concerned Magistrate and submit a petition seeking further investigation in terms of Section 173(8) Cr.P.C. = Section 193(9) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the Sanhita’) and for that the present Writ Petition is not maintainable.

4. I have taken note of respective contentions urged.

5. Though, petitioner claims of the 3^rd respondent not taking necessary steps to add further accused in the aforesaid crime and also the relevant provisions of law in the FIR vide Cr.No.756/2024 dated 18-12-2024, which the petitioner feels are relevant provisions of law under which the accused named in the aforesaid crime are to be charged, it is to be noted that it is not for the petitioner to decide under which provision of law crime has to be registered. However, if the petitioner is aggrieved by the action or inaction on the part of respondent authorities in invoking the relevant provision of law, or conducting investigation into the crime registered based on his complaint, it is always open for the petitioner to approach the concerned Magistrate and seek for further investigation into the matter including alteration of provision of law under which the aforesaid crime is registered.

6. Since, it is not shown to this Court of the petitioner availing the remedies provided under the Sanhita and instead, has approached this Court directly by filing the present Writ Petition under Article 226 of the Constitution of India, this Court is of the view that the petitioner should be relegated to avail the remedies provided under the Sanhita by approaching the concerned Magistrate, if he is not satisfied with the investigation or charge sheet in the crime registered.

7. In view of the above, granting liberty to the petitioner to avail the remedies provided under the Sanhita, this Writ Petition is disposed of. No costs.

8. Consequently, miscellaneous petitions, if any pending shall stand closed.

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T. VINOD KUMAR, J Date : 02-04-2025 Vsv