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Neutral Citation No. ( 2026:JHHC:9041 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 152 of 2026
Naresh Munda, S/o Late Moti Munda, R/o Village Pochra, Near Prachin Hanuman Mandir, P.O.- Digwar, P.S.- Mandu, District- Ramgarh
... … Petitioner
Versus
1. State of Jharkhand
2. Secretary, Department of Home, Jail & Disaster Management, Dhurwa, Ranchi
3. Director General of Police, Jharkhand
4. Superintendent of Police, Ramgarh
5. Office-in-Charge, Mandu, P.O. & P.S.- Mandu, District- Ramgarh
6. O.P. Incharge Kuju, P.O. & P.S.- Mandu, District- Ramgarh
7. Arjun Yadav, S/o Late Ramu Yadav
8. Mangeleshwar Yadav, S/o Late Sadhu Yadav
9. Pramod Yadav, S/o Late Sadhu Yadav
10. Kalia Yadav, S/o Late Sadhu Yadav Respondent No. 7 to 10 are resident of village Hathmara, P.O. Digwar, P.S. Mandu, District- Ramgarh
... … Respondents
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--------- For the Petitioner : Mr. Saibal Mitra, Adv. Mr. Jageshwar Mahto, Adv. For the Respondents : A.C. to AAG-V
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02/30.03.2026 Heard Mr. Saibal Mitra, learned counsel for the petitioner and learned A.C. to AAG-V for the respondents. In this writ application, the petitioner has prayed for a direction upon the respondents to register a First Information Report for which an application has been sent on 15.10.2025. In the context of the prayer made in this writ- application reference is made to the case of “Sakiri Vasu v. State of U.P. and Ors.”, reported in (2008) 2 SCC 409, wherein 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 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 remedy available to the petitioner, I am not inclined to entertain this writ application which accordingly stands disposed of. (Rongon Mukhopadhyay, J.)
Dated, the 30th March, 2026 A. Sanga/- Uploaded on 02 / 04 /2026
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