IMPORTANT POINT
The appropriate remedy for non-registration of an FIR is to approach the Magistrate under Section 156(3) CrPC, rather than filing a writ petition.

ORDER :

MANISH CHOUDHURY, J.

Heard Ms. S.Z. Hayat, learned counsel for the petitioner and Ms. M. Barman, learned Junior Government Advocate, Assam for all the respondents.

2. The relevant and necessary events leading to the institution of the writ petition, as projected, can be stated, in brief, at first.

3. The petitioner had a grandson named Masud Ali, who was aged about 14 years at the relevant time. The petitioner has stated that his grandson, Masud Ali was engaged in the capacity of a carrier in the scrapyard of one Amirsan Ali. The scrapyard is run by Amirsan Ali and his family member at Kendukona. When his grandson, Masud Ali was working as a carrier of scrap materials in the scrapyard of Amirsan Ali on 01.10.2024, the petitioner was informed by one of his grandson’s co-worker on 01.10.2024 over telephone that the deadbody of the petitioner’s minor grandson, Masud Ali was found on the railway lines near Kendukona. After recovery of the body, post-mortem examination was conducted under the instruction of the authorities in the G.R.P, Rangia. As per the Post-Mortem Examination [PME] Report, the deceased sustained a number of injuries on his person. The Autopsy doctor had opined that the death was instantaneous as a result of crush injury sustained over the head, as described in the Report. The Autopsy doctor had further opined that all the injuries were ante-mortem and were caused by blunt force impact. The post-mortem examination was done in the Department of Forensic Medicine & Toxicology, Gauhati Medical College & Hospital on 02.10.2024.

4. The petitioner has stated that smelling foul-play in the death of the petitioner’s grandson, he initially lodged a First Information Report [FIR] on 08.10.2024 before the Officer In-Charge, Kamalpur Police Station with a request to conduct a thorough investigation into the incident which led to the suspicious and unnatural death of his grandson. The petitioner has stated that as the Officer In-Charge, Kamalpur Police Station did not register the FIR, he had approached the Superintendant of Police, Kamrup [Rural] on 11.11.2024 requesting him to conduct an investigation into the unnatural death of his grandson by registering the FIR. As the FIR lodged by the petitioner before the said two authorities has not been registered till date, the petitioner has approached this Court by the instant writ petition.

5. At this juncture, it would be apposite to refer to the following observations made by the Hon’ble Supreme Court of India in Sakiri Vasu vs. State of Uttar Pradesh and others, reported in [2008] 2 SCC 409 :-

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.

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13. The same view was taken by this Court in Dilawar Singh vs. State of Delhi [vide para 17]. We would further clarify that even if an FIR has been registered and even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate under Section 156[3] CrPC, and if the Magis