In the present case, record reveals thatan earlier application under Section 156(3) Cr.P.C. was dismissed by the learned CMM and the Court had taken cognizance of the offences vide order dated 07.12.2020. The petitioner has not clarified that whether the allegations made in the present writ petition were not part of the private complaint before learned CMM. In any case the option of filing of second complaint on different allegation, if any, is available with the petitioner.However, the petitioner instead of approaching the Court of learned MM, which isan alternative efficacious remedy, thepetitioner has invoked the jurisdiction of this Court under Article 226. It is also relevant to note that as per the mechanism provided under Cr.P.C., the Magistrate has power either to refer the complaint to the police for investigation or to take cognizance and try the complaint in accordance with law. Whereas this Court under Article 226 has only option of directing the investigating agency to investigate the matter. In cases where the facts are disputed or there are unsubstantiated allegations, it can be risky to direct investigation without examination of the facts. The Court is conscious of the fact that initiation of investigation has serious consequences.
