Category: Supreme Court of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Rajesh Kumar Jaiswal

v.

The State of Bihar & Ors.

Criminal Writ Jurisdiction Case No. 916 of 2017

25-01-2018

(Hon’ble Mr. Justice Rajeev Ranjan Prasad)

Issue for Consideration

Whether a writ could be issued directing registration of an FIR pursuant to an order under Section 156(3) Cr.P.C.

Headnotes

The petitioner moved this Court complaining that the FIR is not being registered despite an order under Section 156(3) passed by the learned CJM, Patna. In response, the S.H.O. has come with an affidavit that he has in exercise of his power under Section 157 Cr.P.C. found that this case does not disclose any cognizable offence and there is no sufficient ground, therefore he is not required to enter on an investigation; he has filed an application before the learned CJM, Patna and has returned the complaint. Application filed by the S.H.O., Sachiwalaya police station is under consideration before the learned CJM, Patna where the petitioner has already appeared and has an opportunity to impress upon the court with such plea which may be available to him. (Para 12)

The extraordinary writ jurisdiction of this Constitutional Court is not required to be exercised in the facts of the present case. There is a regular court constituted under the code of criminal procedure and the learned C.J.M., Patna is in seisin of the matter as also the issues are pending consideration. (Para 13)

Case Law Cited

Mohd. Yousuf v. Afaq Jahan (Smt.) & Anr., (2006) 1 SCC 627.

Hemant Yashwant Dhage v. State of Maharashtra & Ors., (2016) 6 SCC 273.

State of Maharashtra v. Farook Mohammed Kasim Mapkar & Ors., (2010) 8 SCC 582.

Bharat Petroleum Corporation Ltd. & Anr. v. N.R. Vairamani & Ors., (2004) 8 SCC 579.

List of Acts

Code of Criminal Procedure, 1973 – Sections 154, 156(3), 157, 197, 468

Bihar Reservation of Vacancies in the post and Services (For Scheduled Caste, Scheduled Tribe and Other Backward Classes) Act, 1991 – Sections 12, 13

 

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