The Calcutta High Court has recently dismissed a Public Interest Litigation (PIL) raising grievance in respect of certain defalcations by a College.
The petitioner, Abu Sohel, had complained to the police, but no action has been taken. The prayer made in the petition is to issue a mandamus commanding the authorities to register an FIR and initiate proper investigation on the basis of the complaint.
Further prayer has been made to issue a direction to the Superintendent of Police to initiate an enquiry against the concerned Inspector-in-Charge as to why proceedings be not initiated against him for not taking action after receiving the complaint.
The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj while considering the held that the grievance is in respect of non-registration of FIR on the basis of the complaint made by the petitioner therefore it is a grievance of personal nature, which cannot be agitated in a PIL.
“That apart, the writ under Article 226 of the Constitution is not a proper remedy seeking direction to register an FIR or to carry out the investigation”
-the Bench observed.
The Court further observed that if the petitioner has any grievance in respect of non-registration of the FIR or improper investigation, then the proper remedy available to him is to take recourse to the provision of CrPC.
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The Supreme Court in the matter of Sakiri Vasu vs. State of Uttar Pradesh and others reported in (2008) 2 SCC 409 has held as under:
- 25. We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a petition under Section 482 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters and relegate the petitioner to his alternating remedy, first under Section 154(3) and Section 36 Cr.P.C. before the police officers concerned, and if that is of no avail, by approaching the Magistrate concerned under Section 156(3).
- If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover, he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies?”
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In view of the above, the Bench is of the opinion that the PIL cannot be entertained which is accordingly dismissed. However, the Court granted liberty to the petitioner to avail such other appropriate remedies as are available in law.