JUDGMENT : 1. The instant petition has been filed with the following prayer:- “It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed and the respondent authority may kindly directed to get the FIR in question bearing No. 58/2015 of Kuchera Police Station, District Nagaur, for the offence under Sections 147, 148, 149, 452, 341, 323 and 382 of IPC and investigated in a fair manner from any competent authority except the respondent No.3. It is further prayed that the respondent authorities be directed to take appropriate legal steps in accordance with law and after fair investigation, if case is made out, then to submit the factual report before the learned competent court within the stipulated time in the interest of justice.” 2. Heard learned counsel for the petitioner and public prosecutor for the State. 3. The Hon’ble Apex Court in the case of Sakiri Vasu Vs. State of U.P. [ (2008) 2 SCC 409 ] has held that if a person has a grievance that his FIR has not been registered by the Police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) Cr.P.C. If such an application under Section 156(3) Cr.P.C. is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter. It was further held that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation. 4. Following the aforesaid judgment of Sakiri Vasu (Supra), the Hon’ble Apex Court further in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors. [(2016)] 6 SCC 277] has held as under : “We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hemant Yashwant Dhage & Ors. [(2016)] 6 SCC 277] has held as under : “We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternate remedy to approach the concerned Magistrate under Section 156(3), Cr.P.C. and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation. In view of the settled position in Sakiri Vasu's (supra), the impugned judgment of the High Court cannot be sustained and is hereby set aside. The concerned Magistrate is directed to ensure proper investigation into the alleged offence under Section 156(3), Cr.P.C. and if he deems it necessary he can also recommend to the S.S.P./S.P. concerned change of the investigation officer, so that a proper investigation is done. The Magistrate can also monitor the investigation, though he cannot himself investigate (as investigation is the job of the police. Parties may produce any material they wish before the concerned Magistrate. The learned Magistrate shall be uninfluenced by any observation in the impugned order of the High court. The appeals are allowed in the above terms. In view of the aforesaid order, no orders need be passed on the application for intervention and it is disposed of accordingly.” 5. In view of above, the petitioner is at liberty to make an appropriate application before the concerned magistrate for fair and impartial investigation in the FIR in question bearing No. 58/2015 of Kuchera Police Station, District Nagaur, for the offence under Sections 147, 148, 149, 452, 341, 323 and 382 of IPC. And the concerned Magistrate has discretion to pass appropriate order thereon in the light of aforesaid judgments of the Hon’ble Supreme Court. 6. The petition under Section 482 Cr.P.C. stands disposed of accordingly.