Allahabad High Court
Pinki vs State Of Up And 8 Others on 7 May, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:81282-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4842 of 2024
Petitioner :- Pinki
Respondent :- State Of Up And 8 Others
Counsel for Petitioner :- Rajesh Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
Order on Criminal Misc. Amendment Application
Counsel for the petitioner is permitted to amend the name of respondent no. 2, i.e., Superintendent of Police, Rampur, District- Basti in place of Superintendent of Police, Rampur, District- Rampur within the course of day.
Amendment application is allowed.
Order on Writ Petition
The grievance of the petitioner is that her FIR is not being registered.
The petitioner may approached the Magistrate concerned for registration of FIR as per the judgment of Apex Court in the case of Sakiri Vasu Vs. State of U.P. LAWS(SC)-2007-12-69 has held in paragraphs 11 ,12, 26 and 27 as follows:-
"11. In this connection 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. 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.
12. Thus in Mohd. Yousuf vs. Smt. Afaq Jahan & Anr. JT 2006(1) SC 10, this Court observed:-
"The clear position therefore is that any judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. There is nothing illegal in doing so. After all registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigating under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter."
26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies.
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."
In view of the above, it is not a fit case requiring interference of this Court.
The petitioner may avail the remedy enumerated by the Apex Court hereinabove.
The writ petition stands disposed of with the aforesaid liberty to the petitioner.
Order Date :- 7.5.2024
Rohit
(Surendra Singh-I,J.) (Siddharth,J.)
