Now Reading: Gauhati High Court: Exhaust BNSS remedies before writ for FIR
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Gauhati High Court: Exhaust BNSS remedies before writ for FIR
The Gauhati High Court has dismissed a writ petition seeking registration of an FIR, reiterating that statutory remedies under the Bharatiya Nagarik Suraksha Sanhita (BNSS) must be exhausted before invoking writ jurisdiction…
The Gauhati High Court has dismissed a writ petition seeking registration of an FIR, reiterating that statutory remedies under the Bharatiya Nagarik Suraksha Sanhita (BNSS) must be exhausted before invoking writ jurisdiction under Article 226.
Justice Manish Choudhury observed that the petitioner, Satyabrata Dey, had not approached the jurisdictional Magistrate under Section 173(4) read with Section 175(3) of the BNSS after the police allegedly failed to register his FIR. Dey had alleged irregularities in a tender process by the Lanka Municipal Board, claiming his lower quotation was ignored. The court said such a direct recourse to writ proceedings was contrary to settled legal principles.
The court granted liberty to the petitioner to first approach the Superintendent of Police, and if that fails, the jurisdictional Magistrate, as per the procedure under the BNSS. It clarified that no observation on the merits of the case was made.
Indian Opinion Analysis
The ruling reinforces the principle that high courts are not a first-stop for grievance redressal when a statutory remedy exists. The BNSS, which replaced the CrPC in 2023, has a clear two-step process: approach the Superintendent of Police under Section 173(4), and then the Magistrate under Section 175(3). The case is about a municipal tender worth Rs 1,250 per cubic metre, but the principle applies to all FIR non-registration cases. Petitioners now face a longer route before they can seek a court-ordered investigation. The next step for Satyabrata Dey is to file a complaint with the Superintendent of Police.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
