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2007 Supreme(Raj) 1463

(Supreme Court)
Honble A.K. MATHUR, J. Honble MARKANDEY KATJU, J.
Sakiri Vasu - Appellant
Versus
State of U.P. & Ors. - Respondents
Criminal Appeal No. 1685 of 2007
Decided On : December 07, 2007

Headnote:(a) Cr.P.C., 1973, Sec. 156(3) – Powers of Magistrate u/Sec. 156(3) – Scope – Magistrate can order registration of a criminal offence and/or to direct the officer incharge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same.(Para 24)

        ¼d½ na-iz-la-] 1973] /kkjk 156¼3½ & /kkjk 156¼3½ ds rgr eftLVªsV dh kfDr;ka & O;kfIr & eftLVsªV fdlh QkStnkjh vijk/k ds iaftdj.k dk vknsk dj ldrk vkSj/;k lacaf/kr iqfyl Fkkus ds izHkkjh vf/kdkjh dks leqfpr vUos"k.k djus vkSj mldh ns[kjs[k djus lfgr ,sls lHkh vko;d dne mBkus ds funsZk ns ldrk gS tks leqfpr tkap lqfufpr djus gsrq vko;d gksA ¼in la[;k 24½

       (b) Cr.P.C., 1973, Sec. 154(3), 156(3) read with Sec. 36 and 482 – Remedies available on not getting FIR registered by the police station – Held – His first remedy is to approach the superintendent of police u/Sec. 154(3) Cr.P.C., or other police officer referred to in Sec. 36 Cr.P.C. – Despite above approach the grievance still persists, then he can approach a Magistrate u/Sec. 156(3) Cr.P.C., instead of rushing to the High Court by way of writ petition or a petition u/Sec. 482 Cr.P.C. – Further he has a remedy of filing a criminal complaint u/Sec. 200 Cr.P.C. – Writ petition or Sec. 482 petitions be not entertained when there are so many alternative remedies available. Appeal dismissed.(Paras 26 & 27)

        ¼[k½ na-iz-la- 1973] /kkjk 154¼3½] 156¼3½ lifBr /kkjk 36 ,oa 482 & iqfyl Fkkuk }kjk izFke lwpuk izfrosnu nk;j ugha djus ij miyC/k mipkj & vfHkfu/kkZfjr & igyk mipkj gS na-iz-la- dh /kkjk 154¼3½ ds rgr iqfyl v/kh{kd ds ikl igqapuk ;k na-iz-la- dh /kkjk 36 esa lanfHkZr vU; iqfyl vf/kdkjh ds ikl tkuk & mDr iz;kl ds ckotwn Hkh fkdk;r cuh jgrh gS rks og ;kfpdk ;k na-iz-la- dh /kkjk 482 ds rgr fifVku ds tfj;s mPp U;k;ky; Hkkxus dh ctk; na-iz-la- dh /kkjk 156¼3½ ds rgr eftLVªsV ds ikl tk ldrk & vkxs mls na-iz-la- dh /kkjk 200 ds rgr QkStnkjh ifjokn nk;j djus dk mipkj izkIr gS & tc brus lkjs oSdfYid mipkj miyC/k gks rks fjV fifVku ;k na-iz-la- dh /kkjk 482 ds rgr fifVku xzg.k ugha dh tkosaA ¼in la[;k 26 o 27½ vihy [kkfjt dhA

Honble KATJU, J.–Leave granted.

(2). This appeal is directed against the impugned judgment and order dated 13-7-2007 passed by the Allahabad High Court in Criminal Misc. Writ Petition No. 9308 of 2007.

(3). Heard learned counsel for the parties and perused the record.

(4). The son of the appellant was a Major in the Indian Army. His dead body was found on 23-8-2003 at Mathura Railway Station. The G.R.P, Mathura investigated the matter and gave a detailed report on 29-8-2003 stating that the death was due to an accident or suicide.

(5). The Army officials at Mathura also held two Courts of Inquiry and both times submitted the report that the deceased Major S. Ravishankar had committed suicide at the railway track at Mathura junction. The Court of Inquiry relied on the statement of the Sahayak (domestic servant) Pradeep Kumar who made a statement that `deceased Major Ravishankar never looked cheerful; he used to sit on a chair in the verandah gazing at the roof with blank eyes and deeply involved in some thoughts and used to remain oblivious of the surroundings. The Court of Inquiry also relied on the deposition of the main eye-witness, gangman Roop Singh, who stated that Major Ravishankar was hit by a goods train that came from Delhi.

(6). The appellant who is the father of Major Ravishankar alleged that in fact it was a case of murder and not suicide. He alleged that in the Mathura unit of the Army there was rampant corruption about which Major Ravishankar came to know and he made oral complaints about it to his superiors and also to his father. According to the appellant, it was for this reason that his son was murdered.

(7). The first Court of Inquiry was held by the Army which gave its report in September, 2003 stating that it was a case of suicide. The appellant was not satisfied with the findings of this Court of Inquiry and hence on 22-4-2004 he made a representation to the then Chief of the Army Staff, General N.C. Vij, as a result of which another Court of Inquiry was held. However, the second Court of Inquiry came to the same conclusion as that of the first inquiry namely, that it was a case of suicide.

(8). Aggrieved, a writ petition was filed in the High Court which was dismissed by the impugned judgment. Hence this appeal.

(9). The petitioner (appellant herein) prayed in the writ petition that the matter be ordered to be investigated by the Central Bureau of Investigation (in short CBI). Since his prayer was rejected by the High Court, hence this appeal by way of special leave.

(10). It has been held by this Court in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that no one can insist that an offence be investigated by a particular agency. We fully agree with the view in the aforesaid decision. An aggrieved person can only claim that the offence he alleges be investigated properly, but he has no right to claim that it be investigated by any particular agency of his choice.

(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.

(12). Thus in Mohd. Yousuf vs. Smt. Afaq Jahan & Anr. JT 2006(1) SC 10, this Court observed:

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