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2026 DAILYLAW 3755 (JHR)

PREM SHARMA v. THE STATE OF JHARKHAND

W.P.(Cr.)/145/2026 · 2026-03-24

Rongon Mukhopadhyay

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. ( 2026:JHHC:8274 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (Cr.) No. 145 of 2026 --- Prem Sharma … … Petitioner Versus 1. The State of Jharkhand 2. Superintendent of Police, Giridih 3. Officer-in-Charge, Jamua Police Station, Giridih 4. Amal Kumar, Block Development Officer, Jamua, Giridih 5. Sumant Kumar, Asst. Engineer, Jamua Block, Giridih 6. Mithlesh Modi, Panchayat Secretary, Jamua, Giridih … … Respondents --- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --- For the Petitioner : Mr. A. K. Sahani, Advocate For the Respondents : Mr. Manoj Kumar, G.A. III --- 3/24.03.2026 Heard Mr. A. K. Sahani, learned counsel for the petitioner and Mr. Manoj Kumar, learned G.A. III for the State. In this writ application, the petitioner has prayed for a direction upon the respondents to register the written report submitted by the petitioner and take appropriate action against respondent nos. 4 to 6. Mr. Manoj Kumar, learned GA III appearing for the State has submitted at the bar a copy of the communication made to the Officer Incharge, Jamua Police Station with respect to the allegations levelled against the respondent nos. 4 to 6 from which it appears that the entire dispute is matrimonial in nature and the wife of the petitioner has also filed a suit for divorce being Original Suit No. 460 of 2025. Be that at it may, in the backdrop of the prayer made in this writ application, 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 -2- 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. 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.” In view of the inquiry which has been conducted which reveals of matrimonial dispute between the petitioner and his wife and the directions given in the case noted above, I am not inclined to entertain this writ application which accordingly stands disposed of. Let a copy of the communication dated 20.03.2026 submitted at the bar be kept on record. (Rongon Mukhopadhyay, J) 24th March 2026 R. Shekhar Cp 3