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2025 DAILYLAW 9274 (JHR)

MOHAN PRASAD MEHTA v. THE STATE OF JHARKHAND

W.P.(Cr.)/392/2025 · 2025-06-23

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:16630 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 392 of 2025 ------ Mohan Prasad Mehta, son of Budhan Mahto, resident of village- Barasi, P.O Jagdishpur, P.S. Muffasil, District- Hazaribagh, Jharkhand ….. Petitioner(s). Versus 1. The State of Jharkhand 2. Superintendent of Police, Hazaribagh. 3. Officer Incharge Korrah Police Station, Hazaribagh. 4. DIG, North Chhotanagpur, Hazaribagh. ….Respondent(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Shadab Eqbal, Advocate. For the State : Mr. Amitesh Kumar Geasen, AC to AAG-IA …..... 5/23.06.2025: The grievance of the petitioner is that even the offence is made out, the same has been reported to the police, yet the police has not registering the FIR. Learned counsel for the State submits that without invoking Section 175(3) BNSS, the petitioner has directly approached this Court by filing this petition under Article 226 of the Constitution. If a cognizable office is made out, the FIR has to be lodged. The police cannot deny lodging of the FIR. It is also clear that if the FIR is not registered by the police, the petitioner is having alternative remedy to file a complaint requesting the Court to direct the respondent-Police Officials to lodged the FIR. Since, the petitioner has alternative efficious remedy for lodging the FIR, which the petitioner can avail, I am not inclined to entertain this petition. However, liberty is given to the petitioner to avail the alternative efficious statutory remedy. With the aforesaid observation and direction, this petition stands disposed of. Anu/-Cp3 (ANANDA SEN, J.)