Altaf Khan vs State Of Rajasthan (2023:Rj-Jd:42645)
2023 Latest Caselaw 10501 Raj

Citation : 2023 Latest Caselaw 10501 Raj
Judgement Date : 7 December, 2023

Rajasthan High Court - Jodhpur

Altaf Khan vs State Of Rajasthan (2023:Rj-Jd:42645) on 7 December, 2023

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2023:RJ-JD:42645]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1314/2021

Altaf Khan S/o Allbux, Aged About 34 Years, Asotra, Police
Station Sivana, District Barmer (Raj.).
                                                                       ----Petitioner
                                          Versus
1.       State Of Rajasthan, Through P.p.
2.       The Superintending Of Police, Barmer.
3.       The Station House Officer, Sivana, District Barmer.
4.       Mahendra Singh Rajput, Constable Of Police Station
         Sivana, District Barmer.
                                                                    ----Respondents


For Petitioner(s)               :    Mr. Prakash Chandra
For Respondent(s)               :    Mr. Gaurav Singh, P.P.
                                     Mr. Jaidev Singh


         HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

07/12/2023

1. This criminal misc. petition under Section 482 Cr.P.C. has

been preferred by the petitioner for directing the respondent-

authorities to initiate the criminal proceedings against the

respondent No.4.

2. Hon'ble Apex Court in the case of Sudhir Bhaskarrao Tambe

Vs. Hemant Yashwant Dhage : (2016) 6 SCC 277 while following

its earlier decision in Sakiri Vasu Vs. State of U.P. : (2008) 2 SCC

409 held as follows:

"This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his F.I.R. 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 concerned Magistrate 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 F.I.R.

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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. We have said this in Sakiri Vasu's case because what we have found in this country is that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation.

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 Magistrate concerned 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."

3. In the light of judgment of Hon'ble Apex Court in the case of

Sudhir Bhaskarrao Tambe (supra), this criminal misc. petition is

not maintainable. The Petitioner has not approached to the

concerned Magistrate for redressal of his grievance under Section

156(3) of the Cr.P.C., hence, this criminal misc. petition is

dismissed.

(PRAVEER BHATNAGAR),J 355-Taruna/-