A writ petition under Article 226 seeking registration of an FIR is not maintainable in the first instance when effective statutory remedies under criminal law are available and have not been exhausted; any FIR registered pursuant to such improper invocation of writ jurisdiction is liable to be quashed.

advocatemmmohan

APEX COURT HELD THAT 

Constitution of India — Article 226 — Writ jurisdiction — Scope — Alternate remedy

Paras 5, 7, 10–11

• Writ jurisdiction is extraordinary and discretionary.
• Should not ordinarily be exercised where effective alternative statutory remedy exists.
• Exhaustion of remedies is a rule of policy, convenience, and discretion.

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Alternate Remedy — Exceptions

Para 5 (Radha Krishan Industries principles)

• Writ may be entertained despite alternative remedy only in cases of:
  • violation of fundamental rights,
  • breach of natural justice,
  • lack of jurisdiction,
  • challenge to vires.

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Criminal Law — Registration of FIR — Remedy for non-registration

Paras 6–8

• Proper statutory mechanism:
  • Approach SHO (first instance),
  • then Superintendent of Police,
  • then Magistrate under statutory provisions.
• Direct recourse to High Court is discouraged.

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BNSS, 2023 — Sequential statutory mechanism — Compliance

Paras 8–9

• Law provides structured remedy:
  • Section 173(1) — FIR registration,
  • Section 173(4) — SP remedy,
  • Section 175(3) — Magistrate.
• Parties must follow statutory sequence before invoking writ jurisdiction.

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Writ Petition — Seeking direction for FIR — Maintainability

Paras 6–7, 9–11

• High Court should not act as forum of first instance for FIR registration.
• Petition seeking FIR without exhausting remedies is premature.

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Judicial Discipline — High Court — Limits of interference

Paras 7, 11

• High Court must not bypass statutory framework.
• Entertaining such petitions leads to misuse of writ jurisdiction.

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Criminal Proceedings — FIR — Quashing

Paras 12–13

• FIR registered pursuant to improper writ direction liable to be quashed.
• Liberty granted to pursue statutory remedies afresh.

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Principle — Article 226 not a substitute for statutory remedies

Paras 9–11

• Writ jurisdiction is not a panacea for all grievances.
• Statutory remedies must be exhausted unless exceptional circumstances exist.

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RATIO DECIDENDI

Paras 7, 9–12

A writ petition under Article 226 seeking registration of an FIR is not maintainable in the first instance when effective statutory remedies under criminal law are available and have not been exhausted; any FIR registered pursuant to such improper invocation of writ jurisdiction is liable to be quashed.