Jharkhand High Court
W.P.(Cr.)/457/2026 of PRABHAKAR KUMAR MEHTA Vs THE STATE OF JHARKHAND on 6 November 2026
Citation No. ( 2026:JHHC:32693 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 457 of 2026 Prabhakar Kumar Mehta ... Petitioner Versus The State of Jharkhand & others … Respondents --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY For the Petitioner : None For the State
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Neutral Citation No. ( 2026:JHHC:32693 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 457 of 2026
Prabhakar Kumar Mehta
... Petitioner
Versus
The State of Jharkhand & others
… Respondents
---
CORAM:
HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : None For the State
: AC to Sr. AAG
---
02/06.11.2026
None appears on behalf of the petitioner though learned AC to Sr. AAG is present.
In this writ application, the petitioner has prayed for a direction upon the respondents to take steps for registration of a First Information Report on an application preferred by the petitioner.
In the context of the aforesaid prayer, 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.”
In view of the alternative remedy available to the petitioner, this writ application, accordingly, stands disposed of with a liberty to the petitioner to avail of the said remedy.
(RONGON MUKHOPADHYAY, J.)
06.11.2026 S.B. Uploaded on 06.11.2026