Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 15968 (JHR)

ISHRAT PARVIN v. THE STATE OF JHARKHAND

W.P.(Cr.)/280/2026 · 2026-06-09

Rongon Mukhopadhyay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:16532 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 280 of 2026 Ishrat Parvin aged about 48 years, W/O - Riyasasat Ali, R/O vill- Hath Kathi, P.O - Hath Kathi , P.S - Hiranpur, Dist – Pakur (Jharkhand).816104. ... Petitioner Versus 1. The State of Jharkhand. 2. Director General of police, DPRD Building, HEC P.O-Dhurwa, P.S- Jagannathpur Ranchi (Jharkhand). 3. Superintendent of Police, Pakur, P.O + P.S-Pakur, Dist. - Pakur (Jharkhand). 4. Police station Incharge, Hiranpur Police station, P.O + P.S- Hiranpur, Dist. - Pakur (Jharkhand) 5. Md. Akhtar Hussain, S/O - Late Md. Abdul Salauddin, 6. Najiya Khatun, W/O - Md. Akthar Hussain, 7. Firoja Khatun, W/O - Md. Aslam , 8. Mehwish Khatun, D/O - Md. Tahir Hussain, Resp. no. 5 to 8, R/O vill. Hathkathi, P.O.- Hathkathi, P.S.- Hiranpur, Dist. – Pakur (Jharkhand) … Respondents --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY For the Petitioner : Mr. Md. Faruque Ansari, Advocate For the State : A.C. to G.P.-I --- Order No. 02/ Dated: 9th June, 2026 Heard Mr. Md. Faruque Ansari, learned counsel for the petitioner and learned A.C. to G.P.-I. 2. In this writ application, the petitioner has prayed for a direction upon the respondents to institute a First Information Report on the basis of written complaint given by the husband of the petitioner against the respondent nos. 5 to 8. 3. 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. ( 2026:JHHC:16532 ) 2 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 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.” 4. Regard being had to the alternative remedy available to the petitioner, this writ application stands disposed of. (RONGON MUKHOPADHYAY, J.) Dated: 9th June, 2026 Vedanti/- Uploaded on 10th June, 2026