FIR -- Registration of FIR--Writ Jurisdiction Cannot Be Invoked to Direct Registration of FIR Without Prior Exhaustion of Sequential Statutory Remedies Under BNSS
Extraordinary writ jurisdiction under Article 226 of the Constitution cannot be invoked to direct registration of an FIR when equally efficacious statutory remedies remain unexhausted. The BNSS provides a sequential mechanism: an aggrieved person must first approach the Superintendent of Police under Section 173(4) BNSS and thereafter the Magistrate under Section 175(3) BNSS before approaching the High Court. Absent special circumstances or imminent danger to life or liberty, a High Court directing registration of an FIR under Article 226, without exhaustion of statutory remedies, reduces itself to a forum of first instance, bypassing the statutory scheme entirely.
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