SHAMIM KHAN v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND
W.P.(Cr.)/325/2025 · 2025-06-12
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28348 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28348 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15239 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(Cr.) No. 325 of 2025 Shamim Khan, son of late Tesham Khan, resident of Sarju, Latehar, P.O and P.S. Garu, District- Latehar, Jharkhand- 829207. ...... Petitioner(s). Versus
1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi.
2. The Superintendent of Police, Latehar.
3. The Officer-in-Charge, Garu P.S., P.O and P.S.- Garu, District- Latehar, Jharkhand.
… Opp. Party(s). ------ CORAM :
SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Renu Bala, Advocate. For the State : Mr. Amitesh Kr. Geasen, AC to AAG-IA. …..... 08/12.06.2025: In this writ petition, the petitioner has prayed for institution of First Information Report on the written report submitted by the petitioner before the Officer- in-Charge, Garu Police Station. A further prayer has been made to take action against the accused persons. There is specific provision in BNSS in respect of registering an FIR. Section 175(3) is the appropriate provision under the BNSS, which the petitioner should invoke. Without invoking the aforesaid provision, the petitioner has rushed to this Court by filing writ petition under Article 226 of the Constitution. Since there is alternative statutory remedy available to the petitioner, I am not inclined to exercise the jurisdiction under Article 226 of the Constitution. Accordingly, this petition is dismissed. However, the petitioner, if so advised, may approach the Court by invoking the said statutory provision. Anu/-C.P.-3
(ANANDA SEN, J.)