- (1.) The petitioner in this art.226 petition dated September 30, 2011 is seeking the following principal relief: "(a) Issue a Rule in the nature of Mandamus commanding the respondents and/or their agents and officers to show cause as to why your petitioner should not be granted remedy and/or justice by way of getting protection by the concerned Police Authorities and a case be registered against the miscreants at once in accordance with the complaint made by the petitioner to the Inspector in Charge, Arambagh Police Station on 20.11.2010." Counsel for the petitioner submits as follows. On the basis of the petitioner's complaint the police have not taken any action.The police have not registered an FIR and made enquiry.
(2.) In my opinion, the petitioner s remedy, if any, was before the Criminal Court. When the police, according to the petitioner, decided not to register an FIR, instead of approaching the High Court under art.226, he ought to have moved the Criminal Court that could consider the question of passing an order either under s.156(3) or s.190 CrPC.
(3.) I do not find any reason to examine the worth of the allegations for deciding the question of passing an order directing the officer in charge of the police station concerned to register an FIR. Such an order, if at all, was to be made by the Criminal Court. For these reasons, the petition is dismissed. No costs.;