In Hari Singh vs. State of U.P. (2006) SCC, it was decided that the complainant may move a complaint before the magistrate having jurisdiction to take cognizance, if the police fails to investigate the incident. The law does not allow the magistrate to order an investigation U/s 156(3) CrPC, magistrate is required to enquiry in the complaint as provided in Chapter XIV of the Code before taking cognizance U/s 190, 200 and 204 CrPC. During the pre-cognizance phase, if a person is aggrieved that his FIR is not registered U/s 154 CrPC and a proper investigation has not been made by the officer-incharge 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 U/s 154(3) CrPC by an application in writing. Even if that does not find any satisfactory result in the same, the FIR is not registered or even after it registering the FIR, proper investigation is not made, it is open for aggrieved person to file an application under Section 156(3) CrPC before magistrate. If such application is filed, then magistrate may order for registration of FIR and proper investigation. In Mohd Yousuf vs. Smt. Afaq Jahan and Anr 2006 (1) SCC 10 and Dilawar Singh vs. State of Delhi 2007 (10) SCC 585, the Hon'ble Apex Court took similar view.
