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2026 DAILYLAW 3777 (JHR)

OM PRAKASH PRITAM v. THE STATE OF JHARKHAND

W.P.(Cr.)/12/2026 · 2026-01-27

Gautam Kumar Choudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:2005 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (Cr) No. 12 of 2026 ----- Om Prakash Pritam, S/o Paremeshwar Prasad Mahto, R/o Village-Ratanpur, Near Govindpur Block Colony, P.O. & P.S.-Govindpur, Dist.-Dhanbad … …. Petitioner Versus 1. The State of Jharkhand 2. Deputy Commissioner, Dhanbad, P.O.-Dhanbad, P.S.-Dhanbad, Dist.- Dhanbad 3. The Senior Superintendent of Police, Dhanbad having office at Dhanbad Samharanalaya, P.O. & P.S.-Barwadda, Dist.-Dhanbad 4. The Superintendent of Police, Dhanbad having office at Dhanbad Samharanalaya, P.O. & P.S.-Barwadda, Dist.-Dhanbad 5. The Officer-In-Charge Barwadda Police Station, P.O. & P.S.-Barwadda, Dist.-Dhanbad … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. Lukesh Kumar, Advocate For the Respondent-State : Mr. Binit Chandra, AC to AAG-III ----- Oral Order 02 / Dated : 27. 01.2026 The instant writ petition has been filed under Article 226 of the Constitution of India for direction to Barwadda Police Station for institution of FIR on a complaint filed by the informant on 24.11.2025. It is submitted by learned counsel for the petitioner that the petitioner is in settled possession of land under Mouza Bhelatand, Mouza No. 89, Khata No. 21, Plot No. 584 as per agreement to sale from one Dr. Manjula Rani Saha being member of Shakti Nagar Sahkari Grih Nirman Samiti. It is alleged that anti-social elements namely, Sunil Kumar Das, Manish Bharti, Sujit Kumar Singh and others committed trespass on the said land, assaulted the petitioner and started demolishing the boundary wall constructed by the petitioner. It is argued that the Hon’ble Apex Court has settled law in Lalita Kumari Vs. State of Uttar Pradesh & Ors. reported in (2014) 2 SCC 1, wherein specific direction has been given for institution of FIR where the information discloses commission of a cognizable offence. This authority 2026:JHHC:2005 2 has been followed in S.L.P. (Cr.) 5883 of 2020 (Sindhu Janak Nagargoje Vs. The State of Maharashtra & Ors.). From the materials on record, it appears that the petitioner has not exhausted alternative remedy as provided under the law by moving the Superintendent of Police against non-registration of FIR. In this view of the matter, this writ petition is being disposed of with liberty to the petitioner to approach to the Superintendent of Police, Dhanbad with regard to his grievance of non-registration of FIR. On such application being filed, the Superintendent of Police, Dhanbad will hold a preliminary enquiry to ascertain that if a cognizable offence was made out, and then will proceed as per law. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satayendra Uploaded 28.01.2026