Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Telangana High Court: P. Naveen Rao J., while dismissing the present petition, reiterated that the scope of interference under Article 226 is restricted and cannot be put to action where an alternate remedy is available under the concerned statute.

The present writ petition was filed alleging that even though a cognizable crime was reported on 03-11-2020, no crime was registered by the concerned police authority.

Court reiterating the position in such cases, said, “If the petitioner had grievance against non-registration of crime, he has an effective and efficacious remedy under the Criminal Procedure Code. Therefore, petitioner has to avail the remedy as available in law before invoking the jurisdiction of this Court.”

 Reliance was placed on, Sakiri Vasu v. State of U.P., (2008) 2 SCC 409, where the Supreme Court said, “In our opinion Section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) CrPC, though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation”

 Following the above law, present petition stood dismissed granting liberty to the petitioner to work out his remedies as available in law on the issue of non-registration of crime stated to have been reported on 03-11-2020.[Masuna Satheesh Kumar v. State of Telangana, 2021 SCC OnLine TS 40, decided on 06-01-2021]


Sakshi Shukla, Editorial Assistant has put this story together

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