CRIMINAL PROCEDURE – Alternative remedy – Availability – Effect on writ jurisdiction Paras 5, 6 Where alternative efficacious remedy is available before jurisdictional Magistrate – Petitioner can file private complaint under Section 190 r/w Section 200 Cr.P.C. or corresponding provisions under BNSS – Held, writ petition not maintainable – Liberty granted to approach Magistrate.

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CONSTITUTION OF INDIA – Article 226 – Writ of Mandamus – Non-registration of FIR

Paras 1, 3, 4

Writ petition filed seeking direction to police to register case based on complaint – Police conducted preliminary enquiry and found dispute to be civil in nature – Held, writ of mandamus for registration of FIR not warranted in such circumstances.

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CRIMINAL PROCEDURE – Alternative remedy – Availability – Effect on writ jurisdiction

Paras 5, 6

Where alternative efficacious remedy is available before jurisdictional Magistrate – Petitioner can file private complaint under Section 190 r/w Section 200 Cr.P.C. or corresponding provisions under BNSS – Held, writ petition not maintainable – Liberty granted to approach Magistrate.

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CRIMINAL PROCEDURE – Private complaint – Remedy for non-registration of FIR

Para 5

In case of non-registration of FIR – Remedy lies in filing private complaint before Magistrate – Magistrate may refer matter for investigation or take cognizance by recording sworn statements – Held, proper statutory remedy available.

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CRIMINAL PROCEDURE – Preliminary enquiry – Police powers (BNSS)

Para 4

Complaint received through PGRS – Preliminary enquiry conducted under Section 173(3) BNSS – Police concluded dispute is civil in nature – Held, such enquiry permissible before registration in appropriate cases.

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CONSTITUTION – Article 14, 19, 21 – Alleged violation

Para 1

Allegation of violation of fundamental rights due to non-registration of case – In view of availability of statutory remedy, no adjudication required – Held, writ disposed without examining merits.

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WRIT JURISDICTION – Exercise of discretion – Refusal to entertain

Paras 5, 6

High Court declined to entertain writ petition in view of effective alternate remedy – Liberty granted to petitioner to pursue remedy before Magistrate – Held, writ disposed.