Disposed¶17

Arti Soy v. the State of Jharkhand

Jharkhand HC13 Jun 2025W.P.(Cr.)/344/2025

Case brief

AI extract

What is this about?

W.P.(Cr.) No. 344 of 2025, High Court of Jharkhand at Ranchi, decided 13.06.2025 by Ananda Sen, J. (neutral citation 2025:JHHC:15573). Petitioner Arti Soy v. State of Jharkhand, DGP, SSP East Singhbhum, SP City, OC Birsa Nagar PS, and private respondent Vaidyadhar Ojha. Themes: police protection against alleged land grabbing/forceful dispossession of a tribal woman; FIR registration duty; alternative remedies - civil suit, interim injunction, complaint for direction to lodge FIR. Outcome: petition disposed of with liberty to pursue statutory remedies. No statutes or precedents cited in the judgment.

What did the court decide?

Liberty to avail alternative efficacious statutory remedies: civil suit (with interim injunction) for the property/right-title dispute, and the FIR/complaint route for the alleged attack. ¶17

Arti Soy Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to avail alternative efficacious statutory remedies: civil suit (with interim injunction) for the property/right-title dispute, and the FIR/complaint route for the alleged attack.

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Issue for consideration

Whether the petitioner, alleging that respondent No. 6 is trying to grab her land and house (Khersra No. 4130, 4131, Ward No. 17, Khata No. 55, Birsa Nagar) and that the respondents are trying to forcefully dispossess her, is entitled to writ directions for protection and for security to be provided by respondent No. 3. +1 more

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Court's answer

On the relief prayer concerning attempted dispossession/land-grabbing, the petitioner should approach the Civil Court and pray for appropriate relief; the Court opined that her right, title and interest over the property need to be ascertained and that she can seek interim injunction there - i.e., no writ relief was granted on this prayer.

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Ratio / Principle

For the alleged attack, the petitioner should lodge an FIR at the concerned police station; if a cognizable offence is made out the FIR has to be lodged and the police cannot deny lodging it; if the police do not register the FIR, she has the alternative remedy of filing a complaint requesting the Court to direct registration.

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Key takeaways

Both prayers admit of alternative efficacious statutory remedies; liberty was expressly given to the petitioner to avail them, and on that basis the petition was disposed of rather than answered on merits.ratio¶16

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Ananda Sen, J., 13.06.2025) disposed of a writ petition (W.P.(Cr.) No. 344 of 2025) by Arti Soy seeking directions for protection from respondent No. 6 (Vaidyadhar Ojha), allegedly trying to grab her land and house (Khersra No. 4130, 4131, Ward No. 17, Khata No. 55, Birsa Nagar), and for security from the SSP, East Singhbhum. The Court held that for the property dispute the petitioner should approach the Civil Court for appropriate relief, since her right, title and interest over the property need to be ascertained and interim injunction is available; for the alleged attack she should lodge an FIR at the concerned police station - if a cognizable offence is made out the FIR has to be lodged and the police cannot deny lodging it, and if not registered she may file a complaint seeking a Court direction. Finding alternative efficacious statutory remedies available for both prayers, the Court gave liberty to avail them and disposed of the petition.

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2025:JHHC:15573

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(Cr.) No. 344 of 2025

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Arti Soy, wife of Rama Kant Soy, resident of H. No. 296, Zone No. 2-B, Birsa Nagar, P.o and P.S. Birsa Nagar, Chhotagovindpur Telco, District- East Singghbhum (Jharkhand). ….. Petitioner(s).

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Versus

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The State of Jharkhand

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The Director General of Police, Project Building, Dhurwa, Ranchi.

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The Senior Superintendent of Police, East Singhbhum, Sakchi, District- East Singhbhum at Jamshedpur.

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The Superintendent of Police, City, Sakchi, East Singhbhum at Jamshedpur.

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The Officer-in-Charge, Birsa Nagar Police Station, Birsa Nagar, District East Singhbhum at Jamshedpur.

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Vaidyadhar Ojha, son of Sri Ramdaya Ojha, resident of Qr. No. 6/1, Block No. 29, Alakhnanda, Alok Vihar, Ghorabandha, P.o and P.S. Jamshedpur, District- East Singhbhum at Jamshedpur. Respondent(s).

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CORAM	:	------ SRI ANANDA SEN, J. ------
For the Petitioner(s)	:	Mr. Rajendra Prasad Gupta, Advocate.
For the State	:	AC to AG ….....

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5/13.06.2025: In this writ petition, the petitioner has prayed for commanding upon the concerned respondents to protect her from respondent No. 6, who is trying to grab the land and house pertaining to Khersra No. 4130, 4131, Ward No. 17 Khata No. 55 Birsa Nagar of the poor Tribal Lady and further for a direction upon respondent No. 3 to provide security to the petitioner.

¶14

So far as relief is concerned, it is the case of the petitioner that the respondents are trying to forcefully dispossess the petitioner. The petitioner should approach the Civil Court and pray for appropriate relief. This Court is of the opinion that the right, title and interest of the petitioner over the property in question needs to be ascertained. Further, there is remedy available to the petitioner by way of interim injunction which the petitioner can seek.

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So far as attack upon the petitioner is concerned, the petitioner should approach the concerned Police Station by lodging an FIR. If a cognizable office is made out, the FIR has to be lodged. The police cannot deny lodging of the FIR. It is also clear that if the FIR is not registered by the police, the petitioner is having alternative remedy to file a complaint requesting the Court to direct the respondent to lodged the FIR.

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Admittedly for both the prayers, the petitioner has alternative efficious remedy which the petitioner can avail. Thus, liberty is given to the petitioner to avail the alternative efficious statutory remedy.

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With the aforesaid observation and direction, this petition stands disposed of.

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(ANANDA SEN, J.)

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Anu/-Cp3

Arti Soy v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Arti Soy v. the State of Jharkhand

Case brief

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What did the court decide?

Why is it important?

What the court decided

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