SIBIYA URAIN v. THE STATE OF JHARKHAND THROUGH THE DIRECTOR GENERAL OF POLICE JHARKHAND RANCHI
W.P.(Cr.)/192/2026 · 2026-04-23
Rongon Mukhopadhyay
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7073 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7073 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. ( 2026:JHHC:11917 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (Cr.) No. 192 of 2026
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Sibiya Urain wife of Late Raju Oraon, resident of Village Bajra, PO Hehal, PS Sukhdeonagar, District Ranchi, Jharkhand… … Petitioner
Versus
1. The State of Jharkhand through the Director General of Police, Dhurwa, Ranchi, Jharkhand
2. The Senior Superintendent of Police, Ranchi
3. The Superintendent of Police, Ranchi City, Ranchi
4. The Deputy Superintendent of Police, Ranchi
5. The Officer-In-Charge, SC/ST Police Station, Ranchi
… … Respondents
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate
For the Respondents : AC to Sr. S. C. I
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2/23.04.2026 Heard Mr. Sanjay Kumar Pandey, learned counsel for the petitioner and learned AC to Sr. S. C. I for the State. In this writ application, the petitioner has prayed for a direction upon the respondent nos. 2 to 5 to lodge an FIR for an incident which had taken place on 13.11.2025. In view 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, 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
-2- 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 alternative remedy available to the petitioner, this writ application stands disposed of. (Rongon Mukhopadhyay, J) R. Shekhar Cp 3