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High Court of Jharkhand · body

2025 DAILYLAW 7335 (JHR)

ZARINA KHATOOM v. THE STATE OF JHARKHAND

W.P.(Cr.)/459/2025 · 2025-07-16

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:19373 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Criminal) No.459 of 2025 ------ 1. Zarina Khatoon, W/o Mashkoor Khan 2. Sahada Khatoon, W/o Margub Khan 3. Tarrannum Begum, W/o Mahaboob Allam 4. Reshma Khatoon, W/o Mansub Allam … … Petitioners Versus 1. The State of Jharkhand. 2. The Director General of Police, Jharkhand, Police Headquarter, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The Superintendent of Police, Koderma, P.O. & P.S. Koderma, District Koderma. 4. The Sub Divisional Police Officer, Koderma, P.O. & P.S. Koderma, District Koderma. 5. The Officer-In-Charge, Jainagar Police Station, P.O. & P.S. Jainagar, District Koderma. 6. Abdulla Khan, the then Officer in charge, Jainagar Police Station, Jainagar, P.O. & P.S. Jainagar, District Koderma, presently retired from the post of Officer-in-charge, Jainagar. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner : Mr. Kumar Amit, Advocate. For the Respondents : AC to AAG-V ------ 06/ 16.07.2025 The petitioners in this Criminal Writ Petition filed under Article 226 of the Constitution of India, have prayed for mandamus upon the respondent to act upon their representation for taking cognizance against respondent No.6 and also file an F.I.R. against him. They also prayed for fair investigation after registration of the F.I.R. 2. There is a specific provision in BNSS in respect of registering an F.I.R. Section 175(3) of the BNSS is the appropriate provision under the BNSS, which the petitioners should invoke. Without invoking the aforesaid provision, the petitioners have rushed to this Court by filing writ petition under Article 226 of the Constitution of India. 2025:JHHC:19373 2 3. Since there is alternative statutory remedy available to the petitioners, I am not inclined to exercise the jurisdiction under Article 226 of the Constitution. 4. With the aforesaid observation, this Criminal Writ Petition stands dismissed. 5. However, the petitioners if so advised, may approach the Court by invoking the said statutory provision. (ANANDA SEN, J.) Prashant.Cp-3