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2026 DAILYLAW 7687 (JHR)

INDRAJIT KUMAR v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

W.P.(Cr.)/1104/2023 · 2026-04-23

Rongon Mukhopadhyay

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Judgment text

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( 2026:JHHC:12076 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cri.) No. 1104 of 2023 ------- Indrajit Kumar, aged about 50 years, S/o Rijhwa Sahu, Resident of Bagicha Toli, Pundag, P.O. Pundag, P.S.-Jagarnathpur, District-Ranchi. …... …. Petitioner (s) Versus 1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, having its Office at: Project Bhawan, Dhurwa, P.O. & P.S.-Dhurwa, Ranchi. 2. The Principal Secretary, Department of Revenue, Registration & Land Reforms, Govt. of Jharkhand, having its Office At: Project Bhawan, Dhurwa, P.O. & P.S., Dhurwa, District-Ranchi 3. The Principal Secretary (Vigilance), Govt of Jharkhand, having its Office At: Project Bhawan, Dhurwa, P.O. & P.S. Dhurwa, District: Ranchi 4. The Anti-Corruption Bureau through its Additional Director Geneal of Police, having its Office At: Audrey House, Kanke Road, P.O.- G.P.O., P.S.: Kotwali, District-Ranchi. 5. The Superintendent of Police, Anti-Corruption Bureau, having its Office At: Audrey House, Kanke Road, P.O.- G.P.O., P.S.: Kotwali: Ranchi. 6. The Deputy Commissioner, Ranchi, P.O.- G.P.O., P.S. Kotwali, District- Ranchi. 7. The Circle Officer, Nagari Circle, Nagri, P.O. & P.S.: Nagri, District: Ranchi. .…. …. Respondents -------- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY -------- For the Petitioner (s) : Mr. Krishna Prajapati, Advocate For the State : Mr. Deepankar, AC to G.A.-III -------- 08/ Dated 23.04.2026 Heard Mr. Krishna Prajapati, 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 respondents to register a First Information Report on the written complaint made by the petitioner. 3. It appears that the petitioner had earlier moved this Court in W.P. (Crl.) No. 626 of 2022 with respect to a similar grievance which, however, was withdrawn with a liberty to the petitioner to approach the concerned police station or the Superintendent of Police of the concerned district for redressal of his grievance. It also appears that such grievance has not been redressed and the petitioner had once again approached this Court with a similar relief. 4. In the context of the aforesaid 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 Nandini/- Uploaded