The High Court of Rajasthan disposed of the petition directing fair investigation of an FIR. The court held that the petitioner is not remediless and must approach the Magistrate, citing Supreme Court precedents like Sakiri Vasu.
The petition is disposed of. The petitioner is directed to approach the competent Magistrate for redressal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 91/2023
Ramnaresh Tyagi S/o Devendra Tyagi, Aged About 26 Years, R/o 52, Pahari, Tehsil Rajakhera, Dholpur, At Present R/o 13, Mansarovar, Patrikar Colony, Police Station Shipra Path, Jaipur City (South), Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Rashmi Jain For Respondent(s) : Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
24/04/2023
Heard the parties.
No report has been produced by learned Public Prosecutor in pursuance of order dated 10.01.2013.
The petitioner has approached this court for issuing direction for fair investigation of FIR No.817/2022 registered with police station Shipra Path, Jaipur City (South) for offences under Sections 323, 341 and 143 of IPC.
Learned Magistrate has ample power under the Code of Criminal Procedure to monitor fair investigation of a case and The Hon’ble Supreme Court has consistently stated that instead of invoking jurisdiction under Article 226 of The Constitution of India
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or under Section 482 of Cr.P.C, the aggrieved person should approach the learned Magistrate itself who has got ample power under Cr.P.C to do the needful.
In Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR 2008 SC 907, the Hon’ble Supreme Court stated in para 27 as follows:-
“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 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 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482, Cr.P.C.”
The aforesaid view was reiterated in Sudhir Bhaskarrao
Rao Tambe Vs. Hemant Yashwant Dhage and Ors . reported in 2016 (6) SCC 277.
Again in M. Subramaniam and Anr. Vs. S. Janaki and Anr. reported in 2020 (16) SCC 728, a three Judges Bench of Hon’ble Supreme Court reiterated the view taken in Sakiri Vasu (supra).
Considering the fact that the petitioner is not remediless for redressal of his grievance, this court is not inclined to entertain
[CRLMP-91/2023]
(3 of 3)
this petition. The petitioner may approach the Magistrate concerned.
With the aforesaid observation, the instant petition stands disposed of.
If the petitioner approaches the Magistrate concerned, the learned Judicial Magistrate shall proceed according to law expeditiously.
(BIRENDRA KUMAR),J
ashu/25
2 issues framed by the court
Whether the High Court should entertain a writ petition directing fair investigation or remand jurisdiction to the Magistrate under Cr.P.C.
Whether the aggrieved person must approach the Magistrate instead of filing a writ petition or petition under Section 482 Cr.P.C. for investigation grievances.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of U.P. & Ors.Referred¶22
Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR 2008 SC 907 · Who else cites this
Sudhir Bhaskar Rao Tambe Vs. Hemant Yashwant Dhage and OrsReferred¶24
Sudhir Bhaskar Rao Tambe Vs. Hemant Yashwant Dhage and Ors reported in 2016 (6) SCC 277 · Who else cites this
M. Subramaniam and Anr. Vs. S. Janaki and Anr.Referred¶25
M. Subramaniam and Anr. Vs. S. Janaki and Anr. reported in 2020 (16) SCC 728 · Who else cites this
6 provisions across 2 enactments
RAMNARESH TYAGI
STATE OF RAJASTHAN
STATION HOUSE OFFICER POLICE STATION SHIPRA PATH JAIPUR
DIRECTOR GENERAL OF POLICE JAIPUR
SUPERINTENDENT OF POLICE JAIPUR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
