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2026 DAILYLAW 1295 (JHR)

SMT CHINTA MANI DEVI v. THE STATE OF JHARKHAND THROUGH DIRECTOR GENERAL OF POLICE

W.P.(Cr.)/626/2025 · 2026-03-23

Rongon Mukhopadhyay

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Judgment text

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Neutral Citation 2026:JHHC:8074 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 626 of 2025 Smt. Chinta Mani Devi, W/o Late Shri Ram Vishnu Singh, R/o Babudih, P.o. And P.S. Bishnupur, Dhanbad. --- --- Petitioner Versus 1. The State of Jharkhand. 2. The Inspector General, Ranchi. 3. The Deputy Inspector General, Bokaro. 4. The Senior Superintendent of Police, Dhanbad. 5. Officer-in-charge, Dhanbad P.S. 6. Medical Authorities (Asarfi Hospital and Shahid Nirmal Mahto Medical College Hospital), Dhanbad. 7. Vinod Singh, Dhanbad. 8. Shashi Singh. 9. Abhinav Singh. 10. Anjali Singh @ Goldi. --- --- Respondents --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --- For the Petitioner : Ms. Priya Saw, Adv. For the Resp. 7, 8, 10 : Mrs. Arpita Sinha Sarkar, AC to Mr. Shailesh Kr. Singh For the State : AC to AAG-V --- 03/23.03.2026 Heard Ms. Priya Saw, learned counsel for the petitioner and Mrs. Arpita Sinha Sarkar, learned counsel appearing for respondent nos. 7, 8 and 10. In this writ application, the petitioner has prayed for a direction upon the concerned respondents to institute an FIR on the written report submitted by the petitioner before the respondent no. 5. The petitioner can very well approach the Magistrate under the relevant provisions of law for redressal of his grievance. In the case of Sakiri Vasu v. State of U.P. & Ors. reported in (2008) 2 SCC 409, it has been held as follows: “26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section Neutral Citation 2026:JHHC:8074 154(3) CrPC or other police officer referred to in Section 36 CrPC. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) CrPC instead of rushing to the High Court by way of a writ petition or a petition under Section 482 CrPC. Moreover, he has a further remedy of filing a criminal complaint under Section 200 CrPC. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies? 27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 CrPC simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the police officers concerned, and if that is of no avail, under Section 156(3) CrPC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 CrPC. In view of the above, therefore, I am not inclined to entertain this writ application which accordingly stands disposed of with the liberty to the petitioner to seek alternative remedy available under law. (Rongon Mukhopadhyay, J.) Dated- 23rd March, 2026. Preet/- Uploaded on: 06 /04//2026.