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2026 DAILYLAW 3234 (JHR)

MOTI LAL SAH v. THE STATE OF JHARKHAND

W.P.(Cr.)/47/2026 · 2026-04-01

Rongon Mukhopadhyay

body2026

Judgment text

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Neutral Citation No. ( 2026:JHHC:9217 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 47 of 2026 Moti Lal Sah, S/o Rekha Sah, R/o Village Shikarpur, P.O. & P.S.- Sonepur, District- Saran (Bihar) ... … Petitioner Versus 1. The State of Jharkhand 2. Senior Superintendent of Police, Ramgarh 3. Office-in-Charge Ramgarh Police Station, P.O. & P.S.- Ramgarh, District- Ramgarh ... … Respondents --------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --------- For the Petitioner : Mr. Ayush Kr. Verma, Adv. For the Respondents : A.C. to A.A.G.-II --------- 03/01.04.2026 Heard Mr. Ayush Kr. Verma, learned counsel for the petitioner and learned A.C. to A.A.G.-II for the respondents. In this writ application, the petitioner has prayed for a direction upon the respondents to institute a First Information Report against one Dinesh Singh on the allegation of breaking the lock and trespassing into the premises of the petitioner and asking for extortion money. In the background of the aforesaid prayer reference may be 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 1st April, 2026 A. Sanga/- Uploaded on 02 /04/2026 -2-