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2026 DAILYLAW 4631 (JHR)

SUKARMANI DEVI v. THE STATE OF JHARKHAND

W.P.(Cr.)/101/2026 · 2026-03-23

Rongon Mukhopadhyay

body2026

Judgment text

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Neutral Citation No. ( 2026:JHHC:8112 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (Cr.) No. 101 of 2026 --- Sukarmani Devi … … Petitioner Versus 1. The State of Jharkhand 2. The Director General of Police, Jharkhand Police Headquarters, Dhurwa, Ranchi 3. The Inspector General of Police, Ranchi 4. The Senior Superintendent of Police, Ranchi 5. The Deputy Superintendent of Police, Dhurwa, Ranchi 6. The Officer Incharge, Jagarnathpur, Ranchi… … Respondents --- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --- For the Petitioner : Mr. Din Dayal Saha, Advocate For the Respondents : Mr. Deepankar, AC to AAG --- 3/23.03.2026 Despite the order dated 10.03.2026, no counter affidavit has been filed by the State. The grievance of the petitioner is that no FIR has been registered despite several applications having been submitted before the concerned respondents. In the backdrop of the aforesaid prayer, reference is made to the case of “Sakiri Vasu Vs. State of U.P. & others” 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 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 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. 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 -2- 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 fact that the petitioner has an alternative remedy, I am not inclined to entertain this writ application which is accordingly disposed of. (Rongon Mukhopadhyay, J) 23rd March 2026 R. Shekhar Cp 3