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Judgment
The writ petitioners have filed this writ application seeking police protection.
It is alleged that the complaint lodged by the father of the petitioner no. 1 is false as the petitioner no. 1 is married with the petitioner no. 1 and to
disrupt such material relationship and to create inconvenience towards living a happy conjugal life, the father of the petitioners have lodged the said
complaint. It is alleged that on the basis of such complaint the police authorities of Bhagwangola Police Station initiated a case and the life security of
the petitioners are at stake. It is well settled that if the petitioners are aggrieved by any act which is criminal in nature and attracts the provision of
India Penal Code and it discloses a cognizable offence, a complaint is required to be filed and in the event, the said complaint is not a registered as an
FIR by the police authorities, it is open to such aggrieved party to file an application under Section 156(3) of the Criminal Procedure Code for
registration of the complaint as an FIR.
The power of the Magistrate is also clearly stated in the Criminal Procedure Code as to the procedure to be followed in such a manner.
In view of the fact that a criminal compliant is pending and the matter is under investigation and the petitioners are not remediless, I am not inclined to
entertain this application. It is made clear that I have not gone into the merits of the matter It is recorded that the petitioner No. 2 and his family
members have already been granted anticipatory bail by this Court on the ground that the petitioner no. 2 is married to the petitioner no.1. The writ
petition and the application being CAN 3524 of 2020 are accordingly dismissed.
However, there shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as
possible.