ABU SOHEL Vs. STATE WEST BENGAL

JUDGEMENT

(1.) The grievance raised in this petition is that in respect of certain defalcations by Contai Prabhat Kumar College, the petitioner had made a complaint to the police, but on that complaint no action has been taken. The prayer made in the petition is to issue a mandamus commanding the respondent authorities to register an FIR and to initiate proper investigation on the basis of the complaint. Further prayer has been made to issue a direction to the Superintendent of Police to initiate an enquiry against the concerned Inspector-in-Charge as to why proceedings be not initiated against him for not taking action after receiving the complaint.

(2.) The grievance is in respect of non-registration of FIR on the basis of the complaint made by the petitioner therefore it is a grievance of personal nature, which cannot be agitated in a PIL. That apart, the writ under Article 226 of the Constitution is not a proper remedy seeking direction to register an FIR or to carry out the investigation.

(3.) If the petitioner has any grievance in respect of nonregistration of the FIR or improper investigation, then the proper remedy available to him is to take recourse to the provision of Cr.P.C. The Hon'ble Supreme Court in the matter of Sakiri Vasu vs. State of Uttar Pradesh and others reported in (2008) 2 SCC 409 has held as under: