Shambu Nath Sikaria vs The State Of Bihar & Ors.

The matter has been taken up under the heading “To be Mentioned” in view of some queries.

The present Criminal Writ Petition has been preferred by the Petitioner against the impugned order dated 20.09.2019 whereby learned Chief Judicial Magistrate, Motihari has directed the police to lodge FIR under Section 156(3) Cr.PC. This order has been passed on Complaint bearing No. 2227 of 2019 filed by the Complainant Ravindranath Mukharjee against three accused persons, Shambhunath Sikariya, Chandrabhushan Pandey and Rakesh Kumar. In compliance of the Impugned order, even Mufassil P.S. Case No.35 of 2020 has been registered against the aforesaid three accused persons for the offences punishable under Section 341, 323, 379, 384, 500, 506, 420, 467, 423 and 34 of the Indian Penal Code.

I heard learned counsel for the Petitioner and Mr Deepak Kumar, learned AC to GP-4.

Preliminary objection is raised by learned counsel for the State submitting that this writ petition has been preferred against the Judicial Order dated 20.09.2019 passed by learned Chief Judicial Magistrate in Judicial Proceeding and the Petitioner has efficacious alternative remedy to file Criminal Revision against the impugned order. Hence, this writ petition is not entertainable. The Petitioner may be given liberty to file Criminal Revision Petition or get his writ petition converted into Criminal Revision.

However, learned counsel for the Petitioner submits that the writ petition may not be entertainable but it is maintainable. Even in cases of availability of efficacious alternative remedy, sometimes writ petition is entertained in peculiar facts and circumstances of the case. Here, the present petition is one of the peculiar cases where it may be entertained.

I considered the submissions advanced by both the parties and perused the material on record.

I find that the impugned order has been passed under Section 156(3) Cr.PC by the Chief Judicial Magistrate, Motihari which is amenable to Revisional Jurisdiction because if the impugned order is set aside, the whole proceeding would get terminated against the Petitioner /accused.

In such situation, it would not be proper for this court to entertain this writ petition. It would be better if the petitioner gets it converted into a criminal revision.

Hence, the Petitioner is given liberty to take steps to get this writ petition converted into criminal revision. If the required steps are taken by the Petitioner within three weeks, the office would convert this petition into criminal revision and list the same before the Roster Bench with approval of Hon’ble the Chief Justice.