Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:12074 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cri.) No. 95 of 2024
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Bipul Kumar Pandey, aged about 25 years, Son of Late Satya Narayan Pandey, resident of village Chandandih, P.O.-Chandandih, P.S.-Latehar, District-Latehar
…... …. Petitioner (s)
Versus
1. The State of Jharkhand
2. Senior Superintendent of Police, Latehar, P.O. & P.S.-Latehar, District- Latehar
3. Officer-in-Charge of Police Station, Sadar-Latehar, P.O. & P.S.- Latehar, District-Latehar
.…. …. Respondents
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CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
-------- For the Petitioner (s)
: Ms. Priyanka Agarwal, Advocate
For the State
: Mr. Deepankar, AC to G.A.-III
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04/ Dated 23.04.2026
Heard Ms. Priyanka Agarwal, learned counsel for the petitioner and Mr. Deepankar, learned AC to GA-III. 2. In this writ application, the petitioner has prayed for a direction upon the concerned respondents to institute a First Information Report on the written complaint made by the petitioner with respect to the murder of his father. 3. Mr. Deepankar, learned AC to GA.III, submits that a UD case was instituted and a closure report was submitted on account of the fact that the cause of death of the father of the petitioner was found to be on account of asphyxia due to drowning. 4. In the context of the prayer made by the writ petitioner, reference is made to the case of Sakiri Vasu v. State of U.P. & Ors. 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 station his first remedy is to approach the Superintendent of Police under Section 154(3) CrPC or other police officer referred to in Section 36 CrPC. 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) CrPC
instead of rushing to the High Court by way of a writ petition or a petition under Section 482 CrPC. Moreover, he has a further remedy of filing a criminal complaint under Section 200 CrPC. 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 Section 482 CrPC 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) CrPC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 CrPC.”
5. In view of the alternative remedy available to the petitioner, I am not inclined to entertain this writ application. Accordingly, this writ application stands disposed of. (Rongon Mukhopadhyay, J.)
Dated 23/04/2026
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