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State Of West Bengal & Ors vs Durbar Mahila Samanwaya Committee & Ors on 26 September, 2013

35. Heavy reliance is placed on State of West Bengal others v. Committee for Protection of Democratic Rights, West Bengal and others (cited supra) to contend that right of victim flows from Article 21 of the Constitution of India and whenever Fundamental Rights are violated aggrieved person can invoke the jurisdiction of this Court and writ petition cannot be dismissed on the ground of availability of alternative remedy.
Calcutta High Court (Appellete Side) Cites 2 - Cited by 570 - A K Banerjee - Full Document

Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007

AIR 2008 SC 907] , that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC. If such an application under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter. We have said this in Sakiri Vasu case [Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 : (2008) 1 SCC (Cri) 440 : AIR 2008 SC 907] because what we have found in this country is that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation.
Supreme Court of India Cites 24 - Cited by 8229 - M Katju - Full Document
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