Sujal Vishwas Attavar v. State of Maharashtra 2026 INSC 442 - Writ Jurisdiction - Non-Registeration Of FIR
The High Court is not bound to entertain a writ petition merely because a case of alleged inaction or negligence is made out against a statutory authority.
Constitution of India - Article 226 ; Bharatiya Nagarik Suraksha Sanhita - Section 173 - 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 conducted, then the remedy does not ordinarily lie in invoking the writ jurisdiction in the first instance, but in seeking recourse to the statutory framework, unless of course the urgency of the circumstances warrant otherwise. In the event of refusal to register the FIR, recourse lies before the jurisdictional Superintendent of Police under Section 173(4) BNSS and, thereafter, before the Magistrate, under Section 175(3) BNSS. (Para 7-8)
Constitution of India - Article 226 - Article 226 is not a panacea for all grievances. (Para 9) While the jurisdiction of the High Court under Article 226 of the Constitution of India is wide, such jurisdiction is extraordinary, discretionary and subject to certain self-imposed restrictions. (Para 5) The High Court is not bound to entertain a writ petition merely because a case of alleged inaction or negligence is made out against a statutory authority. Ordinarily, where a statute provides a complete and efficacious remedy, the same must be exhausted before invoking constitutional jurisdiction. (Para 11)
Case Info
Basic Details
Case name: Sujal Vishwas Attavar & Anr. v. State of Maharashtra & Ors. (with connected Criminal Appeal @ SLP (Crl.) No.1133 of 2026)
Neutral citation: 2026 INSC 442
Coram:Justice Sanjay KarolJustice Augustine George Masih
Judgment date: 4 May 2026 (New Delhi)
Case Laws and Citations Referred
- Radha Krishan Industries v. State of H.P., (2021) 6 SCC 771
- Thansingh Nathmal v. Superintendent of Taxes, AIR 1964 SC 1419
- Whirlpool Corporation v. Registrar of Trade Marks, (1998) 8 SCC 1
- Rikhab Chand Jain v. Union of India, 2025 SCC OnLine SC 2510
- A.V. Venkateswaran, Collector of Customs v. Ramchand Sobhraj Wadhwani, AIR 1961 SC 1506
- Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 : (2008) 1 SCC (Cri) 440 : AIR 2008 SC 907
- All India Institute of Medical Sciences Employees’ Union (Regd.) v. Union of India, (1996) 11 SCC 582
- Aleque Padamsee v. Union of India, (2007) 6 SCC 171
- M. Subramaniam v. S. Janaki, (2020) 16 SCC 728
- Anurag Bhatnagar v. State (NCT of Delhi), 2025 SCC OnLine SC 1514
Statutes / Laws Referred
- Constitution of India – Article 226 (writ jurisdiction and alternative remedy).
- Bharatiya Nyaya Sanhita, 2023 (BNS) – Sections 318(2), 318(4), 319, 335, 336(2), 336(3), 337, 338, 340(2), 61(2) (offences cited in FIR).
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) –
- Section 173(1) – registration of FIR for cognizable offences;
- Section 173(4) – remedy before Superintendent of Police on refusal to register FIR;
- Section 175(3) – remedy before Magistrate.
- Insolvency and Bankruptcy Code, 2016 – Section 14 (CIRP moratorium over the property).
Three‑Sentence Brief Summary
The Supreme Court held that the Bombay High Court wrongly invoked its writ jurisdiction under Article 226 to direct police action leading to registration of FIR No.0194/2025, without the complainant first exhausting the structured, equally efficacious remedies under the Bharatiya Nagarik Suraksha Sanhita (approach to SHO, Superintendent of Police, and then Magistrate). Reiterating the doctrine of alternative remedy and earlier rulings such as Radha Krishan Industries and Sakiri Vasu, the Court found that there were no exceptional circumstances (such as imminent threat to life or liberty) that could justify bypassing the statutory mechanism. Consequently, it set aside the High Court’s interim order, quashed the FIR, and left it open to the complainant to pursue appropriate statutory remedies, clarifying that no opinion was being expressed on the merits or on whether any offence was actually made out.