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2026 DAILYLAW 4892 (JHR)

MANJIT LAL RAJAK v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

W.P.(Cr.)/524/2025 · 2026-04-06

Rongon Mukhopadhyay

Transfer Petitionbody2026

Judgment text

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2026:JHHC:9536 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 524 of 2025 ---- Manjit Lal Rajak … … Petitioner Versus The State of Jharkhand & Ors. … Respondents ------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY ------- For the Petitioner : Mr. Jitendra Tripathi, Advocate For the State : AC to AAG-III ------- 03/06.04.2026 No counter affidavit has been filed despite the order dated 04.08.2025. Heard Mr. Jitendra Tripathi, learned counsel for the petitioner and learned A.C. to A.A.G.-III. In this writ application, the petitioner has prayed for a direction upon the respondents to register an F.I.R. as he has been cheated by Dipak Das in connivance with Manik Das and Lutphul Haque by registering a sale deed ignoring the agreement and an advance of Rs.11 Lakhs. In the context of the aforementioned prayer, 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 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 petition or petition under 2026:JHHC:9536 -2- 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 remedy available to this writ petitioner, I am not inclined to entertain this application which accordingly stands disposed of. (Rongon Mukhopadhyay, J.) Shamim/- Uploaded on: 07 /04/2026