Sandeep Mehta, J. - (1.) Heard learned P.P. Perused the material on record including the grounds raised in the misc. petition. The instant miscellaneous petition has been filed by the petitioner seeking direction for conducting fair investigation in F.I.R. No. 106/2013 registered at P.S. Paldi- M Dist. Sirohi for the offences under Sections 447, 143 and 427 I.P.C.
(2.) The respondent no.4-complainant filed an F.I.R. No. 106/2013 at the P.S. Paldi-M, Dist. Sirohi against certain persons including the petitioners for the offences under Sections 447, 143 and 427 I.P.C. It is submitted that there is a land dispute between the parties. As a matter of fact the complainant party was aggressor and false case has been registered against the petitioners to cover up the offence committed by them and thus appropriate direction be given for fair investigation of the F.I.R.
(3.) This Court is of the opinion that in view of the observations made and directions given by the Hon'ble Apex Court in the case of Sakiri Vasu v. State of U.P., AIR 2008 SC 907, no person can be encouraged to directly approach this Court for seeking direction of fair investigation. If any person is aggrieved of lack of action by the police as regards the FIR which has been filed by/against him/her, the appropriate course of action for the aggrieved person is to first approach the Magistrate having jurisdiction, who can call for the report from the investigating officer and also instruct the investigating officer to investigate the matter fairly. If the petitioner is aggrieved that fair investigation is not being conducted, then he should move to the appropriate Court in accordance with the directions issued by the Apex Court in the aforesaid judgment. The trial court would be empowered to call for the report from the I.O. and issue appropriate direction for fair investigation in consonance with the view expressed by the Hon'ble Apex Court.;