BIRENDRA KUMAR
Nawal Kishore Dangyach – Appellant
Versus
State of Rajasthan – Respondent
ORDER
S.B. Criminal Writ Petition No. 188/2023:-
1. The petitioner has sought for following reliefs in this petition under Article 226 of The Constitution of India.
a) accept and allow this petition and kindly direct the respondent No. 2 to conduct a fair and impartial investigation by getting matter investigated from SOG;
b) direct the respondent Nos. 3 and 4 to not to submit the negative Final Report in the present matter;
c) order departmental enquiry against erring Police officials who have connived to help the accused in the matter;
d) Any other appropriate order or direction which the Hon'ble Court may deem fit and proper, in the facts and circumstances of the case, may also kindly be passed or given in favour of the petitioners to protect his right and interest.'
2. The FIR discloses cheating in course of purchase of land and also discloses case of making forged pattas, the dispute is private in nature. The report at Annexure 3 reveals that the SP/SOG is taking care of the fair investigation of the case.
3. Learned co
M. Subramaniam and Anr. vs. S. Janaki and Anr. reported in 2020 (16) SCC 728
Sakiri Vasu vs. State of U.P. & Ors. reported in AIR 2008 SC 907
Sudhir Bhaskarrao Rao Tambe vs. Hemant Yashwant Dhage and Ors. reported in 2016 (6) SCC 277
The availability of an alternative efficacious remedy under Section 156(3) of the Cr.P.C. for seeking fair investigation and relief from harassment.
The court affirmed the Magistrate's authority to direct police investigations when they are inadequate, ensuring accountability in the investigative process.
The main legal point established in the judgment is the applicability of Section 156(3) of Cr.P.C. for seeking directions for a fair investigation in a criminal case.
The petitioner should avail the alternative efficacious remedy under the Cr.P.C. before approaching the High Court with a writ petition.
:NON REGISTRATION OF FIR - Complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie ....
The High Court should avoid entertaining writ petitions when an alternative remedy exists under the Criminal Procedure Code.
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