Jharkhand High Court
W.P.(Cr.)/167/2026 of MUKESH KUMAR DAS Vs STATE OF JHARKHAND on 28 September 2026
Citation 2026:JHHC:29078 Page 1 of 2 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No. 167 of 2026 1. Mukesh Kumar, S/o Shargun Harijan. 2. Sargun Harijan, S/o Ganesh Harijan. 3. Punam Kumari, W/o Mukesh Kumar Das. 4. Lalita Devi, W/o Sargun Harijan. 5. Vikash Kumar, S/o Shiv Kumar Harijan.
Neutral Citation
2026:JHHC:29078
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 167 of 2026
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1. Mukesh Kumar, S/o Shargun Harijan.
2. Sargun Harijan, S/o Ganesh Harijan.
3. Punam Kumari, W/o Mukesh Kumar Das.
4. Lalita Devi, W/o Sargun Harijan.
5. Vikash Kumar, S/o Shiv Kumar Harijan. All R/o Shastrinagar, Shiv Mandir Road, Khijuria, P.O.- Dumka, P.S.- Dumka Town, Dist.- Dumka.
--- --- Petitioners Versus
1. The State of Jharkhand.
2. The Principal Secretary, Home, Prisons & Disaster Management, Ranchi.
3. The Director General of Police, Ranchi.
4. The Superintendent of Police, Dumka.
5. The Officer In charge, Dumka Town P.S., Dumka.
--- --- Respondents
--- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY ---
For the Petitioner : Mr. Binit Chandra, Adv.
For the State : AC to S.C.-VII --- 02/28.09.2026 Heard Mr. Binit Chandra, learned counsel for the petitioners and learned AC to S.C.-VII.
In this writ application, the petitioner has prayed for quashing of the FIR in connection with Dumka Town P.S. Case No. 232/2024.
It has been alleged that the petitioner no. 1 was an accused in connection with Mahagama P.S. Case No. 26/2024 and when the Police officials had come to the house of the petitioner no. 1 for his arrest, they were resisted by the petitioner no. 1 as well as the other petitioners which resulted in institution of Dumka Town P.S. Case No. 232/2024.
Submission has been advanced by learned counsel for the petitioner that the procedure under Section 35 of the
Neutral Citation 2026:JHHC:29078
B.N.S.S. has not been followed while arresting the petitioner no. 1 in connection with Mahagama P.S. Case No. 26/2024.
Learned AC to S.C.-VII has opposed the prayer made in this application.
It appears that all the petitioners were involved in obstructing the Police officials in discharging their duty and so far as the non-compliance of Section 35 of B.N.S.S. is concerned, the same is connected to Mahagama P.S. Case No. 26/2024 and not with Dumka Town P.S. Case No. 232/2024. Moreover, the investigation is at its nascent stage and considering a prima facie case having been made out against the petitioners, I am not inclined to entertain this writ application which accordingly stands disposed of.
(Rongon Mukhopadhyay, J.) Dated- 28th September, 2026. Preet/- Uploaded on: 29 /09/2026.