Amita Devi vs The State Of Jharkhand
2024 Latest Caselaw 9690 Jhar

Jharkhand High Court

Amita Devi vs The State Of Jharkhand on 26 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

              IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                                     W.P.(Cr.) No. 711 of 2024
      Amita Devi, aged about 37 years W/o Sri Vinod
      Gope, R/o village Pokhari. PO and PS-MGM, Dist-
      East Singhbum.
                                                      .....  ... Petitioner
                                   Versus
      1. The State of Jharkhand.
      2. Director General of Police. Jharkhand, Police Head
      Quarter P.O. and P.S. -Dhurwa, District-Ranchi.
      3. Superintendent of Police, East Singhbhum,
      Jamshedpur, P.O and P.S. Sakchi, District-Ranchi.
      4. Officer in Charge, MGM P.S., P.O. and P.S. MGM,
      Jamshedpur, District East Singhbhum.
      5. Zamindar Singh, S/o Late Hari Singh, R/o
      Panchwati Colony Dimna, PO and PS-MGM, Dist-
      East Singhbum.
                                                      ..... ...      Respondents
                                --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Ms Piyushita Meha Tudu, Advocate. For the State : Mr. Deepankar, A.C. to G.A.-III.

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02/ 30.09.2024 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. Prayer in this writ petition is made for a direction upon the respondents-State to register the FIR, pursuant to the representations dated 28.05.2024 and 27.07.2024.

3. Learned counsel appearing for the petitioner submits that in spite of the application made before the concerned authority, the FIR has not been registered as yet.

4. Learned counsel appearing for the State submits that the petitioner is having the alternative remedy.

5. If the FIR is not registered, the petitioner is having the alternative remedy in view of the judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu Versus State of U.P. & Ors., reported in (2008) 2 SCC 409 and the same has been reconsidered by the Hon'ble Supreme Court in the case of M. Subramaniam & Anr. Versus S. Janaki & Anr., reported in (2020) 16 SCC 728.

6. In view of the above, this petition is disposed of with the liberty to the petitioner to avail the alternative remedy.

(Sanjay Kumar Dwivedi, J.) Amitesh/-