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2008 DIGILAW 318 (CHH)

MOHO. ANISH MEMON v. STATE OF C. G.

2008-11-05

SATISH K.AGNIHOTRI

body2008
ORDER 1. Learned counsel appearing for the petitioner submits that the respondent No.5. who is working as City Superintendent of Police. Korba Town. City Kotwali, Korba, is unnecessarily harassing the petitioner as well as his family members. The respondent No.5 is also making all efforts to register false cases against the petitioner, visiting the service premises of the petitioner and raising illegal demand from him. For the aforesaid illegal acts of the respondents No.5, the petitioner made several reports before the Police Authorities, but they have not taken any action on the reports of the petitioner. Thus, the Police Officers are not taking any interest in the matter and not proceeding with the reports of the petitioner. 2. In this regard. law is very clear. If the Police Station is not recording the information as referred in sub-section (1) of Section 154 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C."), complaint can be made to the Superintendent of Police of the District concerned. Even if the Superintendent of Police fails to take any action, the complainant can take recourse to provision of Section 190 read with Section 200 of the Cr.P.C. 3. The Hon'ble Supreme Court in the matter of Aleque Padamsee and others Vs. Union of India and others! held that "if any person is aggrieved by the inaction of the police officials in registering the FIR, the modalities contained in Section 190 read with Section 200 of the Code are to be adopted and observed." 4. In the matter of Sakiri Vasu Vs. State of UP and others2, the Hon'ble Supreme Court observed as under: "11. ... we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C, by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156(3) Cr.P.C., before the learned Magistrate concerned. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156(3) Cr.P.C., before the learned Magistrate concerned. If such an application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation. 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 F.I.R. and of ordering a proper investigation ifthe 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. " 5. In the matter of Lalita Kumari Vs. Government of Uttar Pradesh and others3, also the Hon'ble Supreme Court reiterates the aforesaid view. 6. Sufficient safeguards are given in the Cr.P.C., therefore, if any, grievance exists the petitioner may approach firstly, the Superintendent of Police of the District concerned and; thereafter, to the Court of Judicial Magistrate under the provisions of Section 190 read with Sections 200 to 203 or other provisions of the Cr.P.C. 7. For the foregoing reasons, the petition stands disposed of. 8. Consequently, M.(W.).P.No.822/2006 also stands disposed of. Petition Rejected.