NIRMALJIT KAUR, J. - (1.) THIS is a petition under Section 482 Cr.P.C for issuance of directions to respondents No.1 to 3 for taking action against respondents No.4 to 7 by registering criminal case against them. Section 156(3) of the Cr.P.C., reads as under :- 156(3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.
(2.) THE above provision shows that the Magistrate has the power to inquire into or try under the provisions of Chapter XII. Under Section 156(3), the Magistrate is also empowered under Section 190 to order investigation and direct the registration of the FIR. Hon'ble the Supreme Court in the case of Sakiri Vasu vs. State of U.P. and others reported as 2008(2) Supreme Court Cases 409, held in para 27 as under :- 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 Cr.PC 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) Cr.PC 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 Cr.PC. In view of the above and taking into account the facts of the present case, the present petition is disposed of with liberty to the petitioner to file criminal complaint or to avail of an alternative remedy, as available to him, under law.;