Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 247 of 2026
---- Safiullah Khan
… … Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Garhwa. 3. The Superintendent of Police, Garhwa. … Respondents
------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Santosh Kumar Tiwari, Advocate
For the State
: AC to Sr.S.C.-II
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02/06.05.2026
Heard Mr. Santosh Kumar Tiwari, learned counsel for the petitioner and learned AC to Sr.S.C.-II. In this writ application, the petitioner has prayed for a direction upon the concerned respondents to institute an F.I.R. against the Circle Officer, Manjhion. In the context of the aforementioned prayer, reference is made to the case of “Sakiri Vasu Vs. State of U.P. & others” reported in (2008) 2 SCC 409, the relevant part of which reads as follows:
“26. If a person has a grievance that his FIR has not been registered by the police his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. 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) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover, he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. 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 Cr.P.C. 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
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officers concerned, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482 Cr.P.C.”
In view of the alternative remedy available to the petitioner, this writ application stands disposed of. (Rongon Mukhopadhyay, J.) Shamim/- Uploaded on: 08 /05/2026