Mahabir Singh vs Commissioner Of Police And Ors.
2006 Latest Caselaw 539 Del

JUDGMENT

Markandeya Katju, C.J.

1. The petitioner has prayed that a writ of mandamus be issued to respondent nos. 1 and 2, namely, the Commissioner of Police, SHO, Greater Kailash, Part-I, New Delhi to register a case against respondent nos. 3 and 4 and then take cognizance for alleged illegal acts of theft of a car and various other alleged crimes.

2. In our opinion the petitioner has an alternative remedy of approaching the Magistrate concerned under Section 156(3) of Cr.PC. in this connection.

3. As held by the Supreme Court in JT 2006 (1) SC 10 Mohd. Yousuf v. Smt.Afaq Jahan and Anr. and H.S. Bains v. The State (Union Territory of Chandigarh), the Magistrate has got adequate powers to direct registration of an FIR by the police, if it has not been registered. If the FIR has been registered by the police, and the grievance is that a proper investigation has not been done by the police, then again under Section 156(3) Cr.P.C., the Magistrate, if satisfied can direct a proper investigation to be made and can also monitor the investigation.

4. No doubt this Court under Article 226 can direct registration of an FIR, if it has not been registered, or direct a proper investigation if it is alleged that it is not being made, but it is well settled that if there is an alternative remedy available, writ jurisdiction should not ordinarily be exercised. All such direction can be given by the Magistrate under Section 156(3) Cr.P.C. If this Court starts entertaining writ petitions of this nature the High Court will be flooded with such petitions and we will be doing no other work except hearing such petitions. The judgment of the Learned Single Judge is hence substituted by this judgment.

5. The appeal stands dismissed with liberty to the appellant to approach the Magistrate concerned under Section 156(3) Cr.P.C.