RAGHUVENDRA S.RATHORE, J. - (1.) THIS criminal miscellaneous petition has been filed by the petitioner seeking direction for expeditious Investigation in FIR No. 192/2008, registered at Police Station Manak Chowk, Jaipur for the offence under Section 420, 406, 467, 468, 193 and 120 -B IPC.
(2.) THE learned Counsel for the petitioner has contended that the investigation, in this case, is not being proceeded promptly and in a proper manner. Further, he has submitted that request had been made to the Investigation Officer for early result of the investigation, but the same was not done. The Investigation Officer, according to him, is not submitting the result of investigation. After having considered the facts and circumstances and the submission made by the learned Counsel for the petitioner, I am of the considered view that the petitioner has alternative remedy before the higher authorities of the Police Department and also before the Halka Magistrate. In this view, I am supported by the judgment of Sakiri Vasu v. State of Uttar Pradesh and Ors. reported in : AIR2008SC907 , wherein Hon'ble Supreme Court had observed as under: 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 concerned police officers, 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 156(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 156(3) before the concerned police officers, 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. 30. It may be further mentioned that in view of Section 36 Cr.P.C. if a person is aggrieved that a proper investigation has not been made by the officer -in -charge of the concerned police station, such aggrieved person can approach the Superintendent of Police or other police officer superior in rank to the officer -in -charge of the police station and such superior officer can, if he so wishes, do the investigation vide CBI v. State of Rajasthan and Anr. : 2001CriLJ968 , R.P. Kapur v. S.P. Singh : [1961]2SCR143 etc. Also, the State Government is competent to direct the Inspector General, Vigilance to take over the investigation of a cognizable offence registered at a police station vide State of Bihar v. A.C. Saldanna.
(3.) IN view of the aforesaid principle of law, laid down by the Hon'ble Apex Court, I am of the considered view that the petitioner should avail the alternative remedies provided under the Code of Criminal Procedure.;