The petitioner sought transfer of investigation via writ petition. The Court held that without averres of approaching the Magistrate under Section 156(3) Cr.P.C., the writ is without force, as the proper remedy lies there before.
Petition dismissed as petitioner failed to aver approach to Magistrate.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ No. 560/2018
Mangal Chand Jangid S/o Shri Hanuman Sahaye Jangid B/c Khati, R/o 33, Shyam Nagar, Kalwad, Jaipur.
----Petitioner
Versus
State Of Rajasthan Through Pp.
----Respondent
For Petitioner(s) : Mr. Nawab Ali Rathore. For State : Mr. Sudesh Saini, PP.
: Mr. Sudesh Saini, PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
07/01/2019
07.12.2007, Apex Court has held that Magistrate has very wide
(2 of 2)
[CRLW-560/2018]
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 concerned police officers, 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 200Cr.P.C. and not by filing a writ petition or a petition under Section 482 Cr.P.C. Apex Court further observed that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy the High Court should not ordinarily interfere.
(PANKAJ BHANDARI),J
Chandan/155
1 issue framed by the court
Whether a writ petition can lie for transfer of investigation when no averment is made about approaching the Magistrate.
Colour shows how this judgement treated each authority
Sakri Basu vs. State of Uttar Pradesh & Ors.Explained¶17
Sakri Basu vs. State of Uttar Pradesh & Ors. Appeal (Criminal) 1685/2007
1 provisions across 1 enactments
Mangal Chand Jangid
State Of Rajasthan
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
