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DINESH MEHTA
Narendra Vyas – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present misc. petition has been filed by the petitioner raising a grievance that despite first information report having been lodged against the accused persons, no effective steps have been taken with regard to investigation of the matter.
2. While informing that charge-sheet has not been filed so far, learned counsel for the petitioner prays that respondent - State be directed to fairly conduct the investigation and file charge-sheet in the case.
3. Taking into consideration the facts and circumstances of the case and the prayer made by the petitioner-complainant, this Court is of the view that the petitioner must proceed under the provisions of Code of Criminal Procedure as laid down by Hon'ble the Supreme Court in the case of Sakiri Vasu v. State of Uttar Pradesh & Ors. 2008 (2) SCC 409, wherein Hon'ble the Supreme Court has laid down as under:
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 main legal point established in the judgment is the emphasis on the alternative efficacious remedy of approaching the Magistrate under the Cr.P.C. for seeking registration of an FIR and ensuring ....
The court affirmed the independence of police investigations and the role of the Magistrate in monitoring them, limiting the High Court's intervention.
The petitioner should avail the alternative efficacious remedy under the Cr.P.C. before approaching the High Court with a writ petition.
The main legal point established is that the remedy for police inaction in investigating a complaint lies under Section 156(3) of Cr.P.C. before the concerned police officers or the Magistrate, and n....
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