JUDGMENT :

MANISH CHOUDHURY, J.

1. Heard Mr. M. Nath, learned senior counsel assisted by Mr. A. Roy, leanred counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for all the respondents.

2. The case of the petitioner, as projected in the writ petition, in brief, is that he lent an amount of Rs. 8,80,000/- to one Mr. Gagan Ashok Khemka in the year 2006. The petitioner has contended that Mr. Gagan Ashok Khemka who borrowed the money from him, assured him to refund the said amount within a specified time period. The petitioner stated to have lent the said amount to the borrower (Mr. Gagan Ashok Khemka) through a cheque bearing no. 84513 drawn at ICICI Bank, Bhangagarh Branch on 01.11.2006 and the amount was duly credited to the borrower’s bank account bearing no. 036601500438 maintained at Juhu Branch, ICICI Bank, Mumbai. When the borrower did not return the money despite several requests made by the petitioner, the petitioner stated to have lodged a First Information Report (FIR) before the Officer In-Charge, Bhangagarh Police Station on 06.02.2018. On receipt of the said FIR, a case has been registered by the Officer In-Charge, Bhangagarh Police Station being Bhangagarh Police Station Case no. 14/2018 under Sections 406/420, Indian Penal Code (IPC) against the borrower viz. Mr. Gagan Ashok Khemka.

2.1. The petitioner has contended that when he found the investigation of the case was not being done in an expeditious manner for a period of more than 1½ years and the investigation was not resulting into filing of any charge sheet/final report under Section 173, Code of Criminal Procedure, 1973 (Cr.P.C.) the petitioner reported the matter to the Commissioner of Police, Guwahati in writing by his Representations dated 02.05.2018 and dated 11.06.2018. When no response was received from the Commissioner of Police, Guwahati, the petitioner approached the Court of learned Judicial Magistrate, 1st Class, Kamrup (M) Guwahati by filing an application under Section 156(3), Cr.P.C. praying for a direction to the respondent no. 5, that is, the Officer-In-Charge, Bhangagarh Police Station to submit a report in connection with Bhangagarh Police Station Case no. 14/2018. The said application was registered and number as Petition no. 468/2018.

2.2. It transpires from the case records that the learned Judicial Magistrate, 1st Class, Kamrup (M), Guwahati by an order dated 28.09.2018 called for a status report from the Investigating Officer (I.O.) of the case and on 11.10.2018, the I.O. has submitted a status report of the investigation before the said Court stating that the investigation of the case was in progress. On receipt the status report of investigation, the learned Court by its order dated 11.10.2018 disposed of the application being Petition no. 458/2018. When despite elapse of sufficient time period, the petitioner found the investigation is progressing in a tardy manner, he has approached this Court by the instant writ petition under Article 226 of the Constitution of India seeking inter-alia a direction to the respondent authorities, more particularly, the respondent no. 5 to complete the investigation in connection with Bhangagarh Police Station Case no. 14/2018 and to file a report under Section 173, Cr.P.C. before the Court of learned Chief Judicial Magistrate, Kamrup (M) Guwahati.

3. From the fact situation projected in this writ petition, this Court finds that the present writ petition is a misconceived one in view of the authoritative pronouncements of the Hon’ble Supreme Court of India in Sakiri Vasu vs. State of Uttar Pradesh and Others, (2008) 2 SCC 409 and Sudhir Bhaskarrao Tambe vs. Hemen Yashwant Dhage and Others, (2016) 6 SCC 277.

4. It has been explained in Sakiri Vasu (supra) to the effect that there is an implied power in the Magistrate under Section 156(3), Cr.P.C. to order registration of a criminal offence and/or to direct the Officer In-Charge of the concerned Police Station to