Writ maintainability barred after unconditional withdrawal of earlier PIL and availability of an alternative statutory remedy.

A writ petition seeking a direction to register a money-laundering case was held not maintainable because the petitioner had already unconditionally withdrawn an earlier PIL on the same controversy and was pursuing an alternative statutory remedy before the Special Court. The HC applied the principle that the same relief cannot be revived in a fresh writ after withdrawal of prior proceedings, especially where an efficacious criminal-court remedy is available. It therefore declined interference on public policy grounds and sustained the preliminary objection.

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Issues: Whether the writ petition was maintainable after the petitioner had unconditionally withdrawn the earlier PIL and in view of the availability of an alternative statutory remedy before the Special Court.

Analysis: The writ petition sought a direction to the Enforcement Directorate to register a case of money laundering arising out of the scheduled offences in Special Case No. 69/2020. The petitioner had already approached the Special Court under Section 190(1)(c) read with Section 156(3) of the Code of Criminal Procedure, 1973, and the same subject matter had earlier been pursued in a PIL which was unconditionally withdrawn. The Court applied the principle that a litigant who withdraws a writ proceeding on the same controversy cannot be permitted to revive it in another form when an alternative remedy is available. The Court also relied on the rule that High Courts should ordinarily decline interference where the grievance can be pursued before the competent criminal court.

Conclusion: The writ petition was held to be not maintainable on the ground of public policy and the preliminary objection was sustained.

Ratio Decidendi: A writ petition seeking the same relief after unconditional withdrawal of an earlier PIL is not maintainable on public policy grounds, particularly where an efficacious statutory remedy is already being pursued before the competent court.

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