The High Court of Chhattisgarh disposed of the writ petition seeking FIR registration, observing that the petitioner should pursue remedies under CrPC sections 36, 154(3), 156(3), or 200 rather than through writ jurisdiction.
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HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(CR) No. 17 of 2019
Shankar Lal, S/o. Nirbhelal Sahu, Aged About 56 Years, Caste Teli, R/o. Village & Post Saantra, Police Station Patan, Tahsil Patan, District Durg, Chhattisgarh.
---- Petitioner
Versus
Present Address - Potiya Chowk, In Front Of Shriram Hotel, Panchratn Hostel Bhawan, Potiya Marg, Durg, Chowki Padmanabhpur, Durg, Police Station Pulgaon, District Durg, Chhattisgarh.
---- Respondent s
For Petitioner : Mr. Punit Ruparel, Advocate For State/Respondents : Mr. Vaibhav A. Goverdhan, Panel Lawyer No.1 to 6.
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
16.01.2019
Heard
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has given a power of attorney and on that basis the sale deed was executed. The petitioner initially has taken a loan which could not be returned and subsequently on the basis of power of attorney, the sale deed was executed. The police has given a report that no cognizable offence is made out.
“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 154(3) before the police officers concerned, 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.”
Sd/- (Goutam Bhaduri) Judge
Ashok
Colour shows how this judgement treated each authority
Sakiri Vasu v. State of Uttar Pradesh & OrsReferred¶27
2008 (2) SCC 409 · Who else cites this
Shankar Lal
State Of Chhattisgarh
Director General Of Police Raipur
Inspector General Of Police, Range Durg
Superintendent Of Police, Durg
District Magistrate Durg
Goutam Bhaduri
As recorded by the court registry
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