IMPORTANT POINT
Even if the Magistrate, u/s 156(3), does not direct specifically to register FIR but directs investigation, police should register FIR and conduct investigation.

ORDER :

Shiva Kirti Singh, J.

1. We have heard learned counsel for the parties at some length.

2. Leave granted.

3. Though the matter has remained pending for long, fortunately the core issue involved for our consideration is a very simple one.

4. The appellant was respondent in two Criminal Appeals bearing Numbers 766 and 767 of 2010 arising out of a common judgment of the High Court of Bombay dated September 8, 2009 in Crl.W.P. No. 2482 of 2008.

5. This Court disposed of both the appeals vide order dated April 12, 2010. It did not approve the action of High Court in entertaining writ petitions for change of investigating officer. The relevant parts of that order read as follows :-

“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.”

6. The appellant, in the capacity of complainant, approached the learned Judicial Magistrate F.C. Court No.2, Pune who took notice of this Court's order and issued several directions in RCC No. 0402459/2008 as is evident from its order dated February 17, 2011, including relevant directions to the investigating officer. But unfortunately the learned Judicial Magistrate came to a wrong conclusion that in the absence of any specific direction of this Court, the prayer of the complainant for registration of F.I.R. had to be rejected. The complainant then approached the High Court of Bombay through Criminal Writ Petition No. 3009 of 2011 which was disposed of by the impugned order dated February 13, 2012. The High Court declined to issue a direction for registering an F.I.R. by taking the view that it was open for the petitioner to seek clarification/modification of the order from the apex Court.

7. Mr. Ram Jethmalani, learned senior counsel appearing on behalf of the appellant argued with vigor that investigation into a serious case has been unnecessarily delayed at the instance of vested interests and hence this Court should now take a strong view and in the light of earlier order dated April 12, 2010, the police should be directed to treat the pending case as a police case in view of implications arising from Section 156(3) of the Criminal Procedure Code (in short 'the Code'). He further submitted that without wasting much time, the police should conduct a thorough investigation and complete the same within a reasonable time period such as six months and submit its final views to the learned Magistrate through a proper report.

8. Mr. P. Chidambaram, learned senior counsel appearing for private respondents did not oppose the aforesaid prayer. In fact, according to his submissions, the police could be asked