All HC | Writ petitions should be selectively entertained especially when the alternative remedy is available  

Allahabad High Court: A Division Bench of Pankaj Naqvi and Suresh Kumar Gupta, JJ., while disposing of this petition directed the complainant to avail alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC.

The instant writ petition was filed for seeking a writ of mandamus commanding the respondent to conduct a fair investigation, under Sections 452, 376, 504, 506 IPC and 3(2)(v) SC/ST Act.

Counsels for the petitioner, Santosh Kumar Pandey and Rajnish Kumar Pandey submitted that petitioner is an informant and despite an application to the authorities concerned for a fair investigation, no action whatsoever was taken.

It was propounded in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 and reiterated in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277 that in the event of unsatisfactory investigation, remedy of the aggrieved person is not to approach the High Court under Article 226 of the Constitution of India but to approach the Magistrate concerned under Section 156(3) CrPC.

The Court observed that in this country, the High Courts are flooded with writ petitions praying for registration of the first information report or praying for a proper investigation. If the High Courts entertain such writ petitions, there will be no work other than these. [Kamlesh Kumari v. State of U.P., 2019 SCC OnLine All 3873, decided on 18-10-2019]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.