Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 3253 (JHR)

SAMRAT CHATTERJEE v. THE STATE OF JHARKHAND THRU ITS CHIEF SECRETARY,

W.P.(Cr.)/49/2026 · 2026-04-01

Rongon Mukhopadhyay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. (2026:JHHC:9263) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 49 of 2026 Samrat Chatterjee, Age- 30 years, S/o- Samir Kr Chatterjee, R/o- Flat No. 301 A, Dreams Apartment, Lower Vidyapati Nagar, Kanke Road, P.O.-Ranchi University, P.S.- Gonda, Dist-Ranchi, Jharkhand, 834001. ... … Petitioner Versus 1. The State of Jharkhand through its Chief Secretary, office at Project Bhawan, P.O.Dhurwa, P.S. Jaganathpur, District Ranchi (Jharkhand). 2. The Director General of Police, Jharkhand Police, Police Headquarter, P.O + P.S- Dhurwa, Dist- Ranchi 3. The Senior Superintendent of Police, Ranchi, having its office at Collectorate Building, Kutchery, P.O.GPO, P.S. Kotwali, District- Ranchi (Jharkhand) 4. Officer-in-Charge, Gonda P.S., P.O. Ranchi University & P.S. Gonda, District- Ranchi (Jharkhand) 5. Kouleshwar Ram, S/o-Late Harilal Ram, R/o-504 Ksheer Sagar Apartment, Green Avenue Gandhi Nagar, Near Kanke Road, P.O.+P.S.- Gonda, Dist-Ranchi, Jharkhand 834008 ... … Respondents --------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --------- For the Petitioner : Mr. Mukesh Kr. Sinha, Advocate For the Respondents : Mr. Deepankar, A.C. to G.A.-III --------- 04/01.04.2026 Heard Mr. Mukesh Kr. Sinha, learned counsel for the petitioner and Mr. Deepankar, learned A.C. to G.A.- III for the respondents. In this writ application the petitioner has prayed for a direction to lodge a First Information Report against the respondent No.4. Mr. Deepankar, learned A.C. to G.A-III, at the outset, has submitted that an FIR has been lodged against the petitioner and the present writ application is a counter blast to the said FIR. On consideration of the prayer made by the writ- petitioner, 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.” Regard being had the observations made in the judgment under reference, I am not inclined to entertain this writ application and the same accordingly stands disposed of. (Rongon Mukhopadhyay, J.) Dated, the 1st April, 2026 Pramanik/- Uploaded on 06/04/2026 -2-