BINOD ORAON ALIAS BINOD TIGGA v. THE STATE OF JHARKHAND
W.P.(Cr.)/238/2026 · 2026-04-23
Rongon Mukhopadhyay
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7101 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7101 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:12057
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 238 of 2026
---- Binod Oraon @ Binod Tigga
… … Petitioner
Versus
1. The State of Jharkhand
2. The Director General of Police, Jharkhand, Ranchi. 3. The Senior Superintendent of Police, Ranchi. 4. The Superintendent of Police (City), Ranchi. 5. The Officer In-charge of Lalpur Police Station, Ranchi. 6. Anil Kumar Jha
7. Haidar Ali
8. Rocky Ali
9. Ibrahim Ali
10. Manjar Imam
… Respondents
------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
-------
For the Petitioner : Mr. N.K. Chatterjee, Advocate
For the State
: Ms. Amrita Banerjee, AC to G.P.-I
-------
02/23.04.2026
Heard Mr. N.K. Chatterjee, learned counsel for the petitioner and learned A.C. to G.P.-I.
In this writ application, the petitioner has prayed for a direction upon the respondent nos. 2 to 5 to institute an F.I.R. against the respondent nos. 6 to 10 based on the written complaint made by the petitioner. 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
2026:JHHC:12057
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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 fact that the petitioner has an alternative remedy, this writ application stands disposed of. (Rongon Mukhopadhyay, J.) Shamim/- Uploaded on: 24/04/2026