Nirmaljit Kaur, J. - (1.) THIS is a petition under Section 482 Code of Criminal Procedure for issuance of directions to Respondent No. 2 to take action on the representation dated 23.03.2010 and register case against the accused persons.
(2.) SECTION 156(3) of the Code of Criminal Procedure, reads as under: 156(3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned. 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.
(3.) HON 'ble the Supreme Court in the case of Sakiri Vasu v. State of U.P. and Ors. reported as : 2008 (2) SCC 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 Code of Civil Procedure 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) Code of Criminal Procedure before the Magistrate or by filing a criminal complaint under Section 200 Code of Criminal Procedure and not by filing a writ petition or a petition under Section 482 Code of Criminal Procedure.;