- (1.) The complainant petitioner has approached this Court by way of filing this criminal miscellaneous petition under Section 482 Cr.P.C. with the grievance that after lodging of First Information Report No. 132/2012, registered at Police Station Dabi, District Bundi, no substantial progress has been made in the matter. It is submitted by the counsel for the petitioner that the police is not proceeding in the matter so as to take steps against the culprits. Therefore, it has been submitted that appropriate orders be passed in favour of the complainant petitioner so that prompt investigation is conducted in the matter.
(2.) It is settled principle of law that after filing of the report, in case, the investigation is not made promptly or in a proper direction then the complainant has liberty to approach before the concerning Magistrate so as to bring in his notice the inaction of the police. The learned Magistrate is empowered, under law, to call for the progress report from the police from time to time so as to ensure that the investigation is expedited and conclusion of the same is filed before the Court, at the earliest. The said principle of law has been enunciated by the Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of Uttar Pradesh & Ors., 2008 2 SCC 409. the relevant extracts of the said judgment are as under: 11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C., by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156(3) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The magistrate can also under the same provision monitor the investigation to ensure a proper Investigation. 15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactory, he can issue a direction to the police to do the investigation properly, and can monitor the same. 16. The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report, vide State of Bihar vs. J.A.C. Saldanha, 1980 AIR(SC) 326. 24. In view of the above mentioned legal position, we are of the view that although Section 156(3) is very briefly worded, there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3) Cr.P.C., we are of the opinion that they are implied in the above provision." "25. We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a petition under Section 482 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, firstly under Section 154(3) and Section 36 Cr.P.C. before the police officers concerned, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3). 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) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. 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) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. 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 Cr.P.C. 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.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482 Cr.P.C.
(3.) In view of the aforesaid facts and circumstance as well as the relevant principle of law, it is deemed just and proper to dispose of this criminal miscellaneous petition with the following directions: (i) that the complainant petitioner shall immediately approach the concerning Magistrate and file an application narrating therein his grievances along with the material, if any, to show that the police has not proceeded with the investigation in a proper direction; (ii) that on appearing of the petitioner before the court concerned and filing of such application, the learned Magistrate shall pass appropriate orders to the concerning police station and call for the report in respect of progress in the investigation. Such report shall be called by the Magistrate periodically; and (iii) that in case, need arises, the concerning Magistrate shall monitor the investigation till the police comes to the conclusion and the same is submitted before the court concerned so as to ensure that proper and effective steps are taken in respect of the investigation in the present matter. With the aforesaid directions, this criminal miscellaneous petition is disposed of.;