The High Court disposed of a criminal miscellaneous writ petition seeking a direction for proper investigation. Citing apex court precedents, the Court held that the appropriate remedy is to approach the Magistrate under Section 156(3) CrPC.
Petition disposed of with liberty to invoke the power of the Magistrate under Section 156(3) CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10094 of 2019
Petitioner :- Ram Lakhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Shamim Khan,Mohd. Shabbir Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Mohd. Shamim Khan, learned counsel for the petitioner; learned AGA for the respondents 1, 2 and 3.
The instant petition seeks a direction upon the Staterespondents to ensure proper investigation in Case Crime No.57 of 2018, registered at P.S. Pathra Bazar, District Siddharth Nagar, under Section 302 IPC.
The apex court in the case of Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277 , following its earlier decision in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 , held as follows:
"2. This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC. If such an application under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter. We have said this in Sakiri Vasu case because what we have found in this country is that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation.
3. We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation."
The power of the Magistrate to monitor investigation in exercise of his power under section 156(3) CrPC has also been recognized in the decision of the apex court in the case of T .C. Thangaraj v. V. Engammal, (2011) 12 SCC 328 : (2012) 1 SCC (Cri) 568 , where, in the light of the law laid down in
Sakiri Vasu's case (supra) it has been observed as follows:
"12. It should also be noted that Section 156(3) of the Code of Criminal Procedure provides for a check by the Magistrate on the police performing their duties and where the Magistrate finds that the police have not done their duty or not investigated satisfactorily, he can direct the police to carry out the investigation properly, and can monitor the same. (See Sakiri Vasu v. State of U.P.)"
In view of the law noticed above, we dispose off this petition with liberty to the petitioner to invoke the power of the Magistrate available under the Code of Criminal Procedure in the light of the law laid down by the apex court as noticed above.
Order Date :- 18.4.2019 AKShukla/-
2 issues framed by the court
Whether to entertain a writ petition seeking proper investigation by directing the State respondents.
What remedy is available to an aggrieved person for lack of proper police investigation.
Colour shows how this judgement treated each authority
Sudhir Bhaskarrao Tambe v. Hemant Yashwant DhageFollowed¶7
Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277 · Who else cites this
Sakiri Vasu v. State of U.P.Explained¶7
Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 · Who else cites this
T.C. Thangaraj v. V. EngammalApplied¶10
T.C. Thangaraj v. V. Engammal, (2011) 12 SCC 328 : (2012) 1 SCC (Cri) 568 · Who else cites this
Ram Lakhan
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
