Gujarat High Court Rejects Plea for FIR Registration, Cites BNSS Remedy

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Published 29 October 2026

Case: Not stated in source
Court: High Court of Gujarat
Bench: Justice S.V. Pinto
Citation: Not stated in source
Decided: 18 June 2024
Statutes: Bharatiya Nagarik Suraksha Sanhita, 2023 — s.173(3)
Code of Criminal Procedure, 1973 — s.156(3)
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Gujarat High Court, in a decision by Justice S.V. Pinto on June 18, 2024, rejected a plea seeking a direction to register an FIR, holding that no special circumstances existed to bypass the alternative remedy available under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC).

Ratio Decidendi · Legal Principle Established

The High Court will not ordinarily entertain a writ petition seeking a direction to register an FIR if an effective alternative remedy is available under the Code of Criminal Procedure, 1973 (CrPC) or the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), unless special circumstances are demonstrated.

Practice & Procedural Impact for Advocates

Advocates should advise clients to first exhaust remedies under BNSS s.173(3) or CrPC s.156(3) before approaching the High Court for FIR registration. Litigants must demonstrate 'special circumstances' to justify bypassing the statutory procedure for FIR registration.

Key Legal Takeaways

1High Courts generally do not direct FIR registration if alternative remedies exist.
2Section 173(3) BNSS and Section 156(3) CrPC provide an effective remedy.
3Special circumstances are required to invoke the High Court's extraordinary jurisdiction for FIR registration.

The Legal Issue An applicant approached the Gujarat High Court seeking a direction for the registration of a First Information Report (FIR). The core legal issue was whether the High Court should exercise its extraordinary jurisdiction to direct FIR registration when an alternative and effective remedy is available under the criminal procedure codes.

Court's Reasoning Justice S.V. Pinto of the Gujarat High Court, in a decision dated June 18, 2024, observed that no special circumstances were presented by the applicant to warrant bypassing the statutory remedies. The Court noted that the applicant had an effective alternative remedy available under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). These provisions allow a person to approach a Magistrate for a direction to the police to register an FIR and investigate the matter. The Court reiterated the principle that extraordinary jurisdiction should not be invoked when ordinary legal channels provide a sufficient recourse.

What Follows The Gujarat High Court rejected the plea for a direction to register an FIR. The applicant is now expected to pursue the available remedy by approaching the appropriate Magistrate under Section 173(3) of the BNSS or Section 156(3) of the CrPC for the registration of an FIR and investigation into their complaint. Counsel should confirm which procedural code applies based on the date of the proceeding.