High Court dismissed criminal writ petition seeking directions for fair investigation, holding that the aggrieved person must approach the Magistrate under Section 156(3) Cr.P.C. instead of approaching the High Court.
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Neutral Citation No. - 2023:AHC:211701-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 17177 of 2023
Petitioner :- Khurshida Begum Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kundan Kumar,Vikram Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
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) Cr.P.C. 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."
"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.)."
"17. In our opinion Section 156 (3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156 (3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation."
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 :- 2.11.2023 Md Faisal
Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether High Court can intervene to ensure fair investigation instead of directing applicant to approach Magistrate.
Whether remedy for non-registration of FIR or improper investigation lies under Article 226 or Section 156(3) CrPC.
Colour shows how this judgement treated each authority
Sudhir Bhaskarrao Tambe v. Hemant Yashwant DhageRelied on¶10
Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277 · Who else cites this
Sakiri Vasu v. State of U.P.Relied on¶10
Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 · Who else cites this
T.C. Thangaraj v. V. EngammalRelied on¶14
T.C. Thangaraj v. V. Engammal, (2011) 12 SCC 328 : (2012) 1 SCC (Cri) 568 · Who else cites this
M.Subramaniam and another v. S.Janaki and anotherRelied on¶16
M.Subramaniam and another v. S.Janaki and another, 2020 SCC online S.C. 341 · Who else cites this
Khurshida Begum
State Of U.P.
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
