2025:JHHC:20209 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(Cr.) No.124 of 2024 ----- Serajul Haque, S/o late Farjul Haque, R/o ward no. 1, Demdubi, Ansar Nagar, near Masjid E- Hanfia, Dobo, PO and PS Kapali, District Seraikella-Kharsawan, Jharkhand … Petitioner(s). Versus 1.The State of Jharkhand through Director General of Police, Jharkhand, Jharkhand Police Headquarters, Dhurwa, Ranchi 2.The Superintendent of Police, Seraikella-Kharsawan 3.The Deputy Commissioner, Seraikella Kharsawan 4.The Sub-Divisional Officer, Chandil, Seraikella Kharsawan 5.The Officer In-charge, Kapali PS, Seraikella Kharsawan 6.The Rehabilitation Officer-2, Swarnrekha Project, Chandil, Seraikella Kharsawan 7.Nigara Yasmin, W/o Danish Eqbal, R/o Kapali Damdubi Rehabilitation B Block, PS Chandil, OP Kapali, PO Chandil, District Seraikella Kharsawan 8.Md. Sahid Khan @ Chaand, R/o Kapali Damdubi B Block, PS Chandil, OP Kapali, PO Chandil, District Seraikella Kharsawan 9.Dilshaad, R/o Kapali Damdubi B Block, PS Chandil, PO Chandil, District Seraikella Kharsawan 10.Md. Shabbir, R/o Kapali Damdubi B Block, PS Chandil, PO Chandil, District Seraikella Kharsawan 11.Jamil Sallam, R/o Kapali Damdubi B Block, PS Chandil, PO Chandil, District Seraikella Kharsawan 12.Sonu, R/o Kapali Damdubi B Block, PS Chandil, PO Chandil, District Seraikella Kharsawan 13.Tabish, R/o Kapali Damdubi B Block, PS Chandil, PO Chandil, District Seraikella Kharsawan 14.Sahid @ Polu Munna, R/o Kapali Damdubi B Block, PS Chandil, PO Chandil, District Seraikella Kharsawan … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Navneet Toppo, Advocate Mr. Abhijeet Abhilash Tirkey, Advocate For the Respondent(s) : Mr. Deepankar, AC to AG Mr. Parambir Singh Bajaj, Advocate Mr. Vikas Kumar, Advocate …...... 05 /23.07.2025: Heard the parties. 2. Prayers made in this writ petition under Article 226 of the Constitution are as follows: (i) for issuance of an appropriate writ, order(s) or direction(s) in the 2025:JHHC:20209 2 nature of Mandamus commanding upon the superior police officials particularly respondent no. 2 for conducting proper and fair investigation in connection with written representation submitted by the petitioner dated 14.10.2024 (Annexure-8) thereby maintaining Status Quo and also for restraining the Respondent No. 5 (Officer In-charge of Kapali PS) to be in hand and gloves with private respondent no. 7 to 14 for gain of illegal monetary gratification by allowing respondent no. 7 to 14 along with other anti-social elements for taking over unlawful and illegal possession of the allotted land to the petitioner in Rehabilitation scheme under Swarn Rekha Project, Chandil Dam at Seraikella Kharsawan District. (ii) for issuance of an appropriate writ, order(s) or direction(s) in the nature of Mandamus commanding upon the respondent no. 2 to immediately and forthwith register FIR (First Information Report) upon the written representation submitted by the petitioner dated 14.10.2024 (Anexure-8) and also to initiate necessary Departmental Proceeding against Respondent no. 5 for malafidely being involved in connivance with private respondent nos. 7 to 14 thereby forcing and coercing the petitioner to vacate the lawfully allotted land under the Rehabilitation scheme of Swarn Rekha Project, Chandil Dam. (iii) for issuance of an appropriate writ, order(s) or direction(s) in the nature of Mandamus commanding upon the respondent no. 5 (Officer In- charge, Kapali PS) to refrain himself from illegally evicting and dispossessing the petitioner from the land which has been allotted by the State Government in Rehabilitation Scheme of Chandil Dam by respondent no. 6, since respondent no. 5 has no jurisdiction to do so being in hand and gloves with land mafia’s and private respondent nos. 7 to 14. 3. During course of argument learned counsel for the petitioner submits that no FIR is being registered based on the written report of the petitioner as the respondents have tried to forcefully dispossess the petitioner from his land which according to him is allotted to him as he is a displaced person under Swarn Rekha Multipurpose Project. He submits that once the FIR is lodged it is necessary to investigate the offence properly. Thus, this writ petition is filed. 4. After hearing the parties, I find that the petitioner is aggrieved by the act of the respondents of not registering the FIR based on the written report of the petitioner. 5. If the concerned police station does not register any FIR based on the written report of the petitioner alleging any cognizable offence, the petitioner has got an alternative remedy by filing an application before the Chief Judicial Magistrate under section 175(3) of the BNSS. Admittedly the petitioner has 2025:JHHC:20209 3 not availed the aforesaid alternative statutory remedy. 6. So far as the first prayer is concerned that is related to the second prayer. Unless the FIR is registered there cannot be any investigation. 7. In this case admittedly the FIR is not registered naturally there is no investigation. 8. Thus, with liberty to the petitioner to approach the Chief Judicial Magistrate by taking recourse of alternative statutory remedy, I am disposing of this writ petition. 9. Accordingly, this writ petition is disposed of. (ANANDA SEN, J.) Tanuj/