Court emphasizes the discretionary nature of mandamus and the necessity of exhausting statutory remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023.
In a recent judgment, the Allahabad High Court dismissed a writ petition filed by Chandan Kumar seeking a mandamus for the registration of a criminal case related to lost and allegedly misused cheques. The bench, comprising Justices J.J. Munir and Indrajeet Shukla, underscored the discretionary nature of the writ of mandamus and highlighted the petitioner's failure to utilize available statutory remedies.
Chandan Kumar, the petitioner, alleged that cheques from his firm, M/S Ananta Enterprises, were stolen and misused for clearing someone else's electricity dues. Despite filing a complaint at the Police Station Colonelganj in Prayagraj, no action was taken, prompting Kumar to seek relief through a writ petition. The petitioner argued that the theft and misuse of the cheques constituted offenses under the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.), akin to erstwhile provisions of the IPC.
The court, however, emphasized that a writ of mandamus is not issued as a matter of course and is contingent upon the petitioner establishing a clear and enforceable legal right and a corresponding public duty on the respondent. Furthermore, the court noted the availability of efficacious remedies under Chapter XIII of the B.N.S.S., 2023, which provides a framework for addressing grievances related to the non-registration of criminal cases.
The judgment reiterated the principles governing the issuance of mandamus, stating that it is an extraordinary remedy granted at the court's discretion, particularly when no other adequate remedy exists. The court found that the petitioner did not demonstrate any direct infringement of a legal or fundamental right, nor did he establish the inadequacy of the statutory remedies available under the B.N.S.S.
Ultimately, the court dismissed the petition, granting the petitioner the liberty to pursue statutory remedies, including those under Chapter XIII of the B.N.S.S., if so advised.
Bottom line:-
A writ of mandamus is discretionary and not a writ of right. It is issued only when the petitioner demonstrates a clear, enforceable legal right and corresponding public duty, with no alternative remedy available.
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 316(2), 318(4), 336(3), 338, 340(2), 61(2) of B.N.S.S., Corresponding Sections 406, 420, 467, 468, 471, 120B of IPC.
Chandan Kumar v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2939751
