Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition dated September 25, 2008 is seeking orders commanding the police to (i) act in accordance with law and (ii) give it necessary protection for running its hospital.
(2.) Mr. Das, Counsel for the petitioner, submits that though information was given to the appropriate authority regarding various offences committed by the private respondents, no step was taken for registering F.I.R. and making investigation. His further submission is that even by approaching the competent Magistrate the petitioner could not get proper relief. He has said that the petitioner initiated proceedings under section 144 of the Code of Criminal Procedure, 1973, but the police did not take recessary steps for enforcing the order made by the executive Magistrate.
(3.) I do not see how the petitioner can approach the Writ Court. Alleging that the police failed and neglected to register F.I.R., it is not entitled to approach the Writ Court seeking a mandamus directing any authority to register an F.I.R. In such case remedy is before the Court of the competent Magistrate. The persons aggrieved has to file a complaint inviting the Magistrate to take cognizance. If order of the Executive Magistrate made in any proceedings initiated under section 144 was not carried out by the police, in my opinion, the remedy of the petitioner was before the Magistrate who made the order. Seeking execution of an order made in section 144 proceedings, it is not entitled to approach the Writ Court.;