The main legal point established in the judgment is the maintainability of the petition under Section 482 of Cr.P.C. and the court's jurisdiction to issue specific directions to the Competent Authority.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking direction to the respondents to conduct a swift and fair preliminary inquiry as per the Vigilance Manual and register the FIR against the culprits.

2. It has been asserted that the petitioner made a complaint to DGP, Himachal and S.P, State Vigilance and Anti-Corruption Bureau in April 2022 to conduct an inquiry regarding the non-deposit of Rs. 10,00,000/- stated to have been donated by one Sandeep Kumar Sharma, Principal Government Senior Secondary School, Cheog for the construction of school building at Cheog. The petitioner found from the media reports that one Sandeep Kumar Sharma Principal, had donated Rs.10,00,000/- to the Government Senior Secondary School, Cheog for the construction of the school building. The petitioner sought the information under RTI Act, 2005 and found that no amount was deposited by Sandeep Kumar Sharma in the School Welfare Fund. The petitioner made a complaint to the Director General of Police Superintendent of Police and State Vigilance Corruption Bureau to initiate the inquiry. The Investigating Officer associated the petitioner in the inquiry and recorded his statement, however, no progress was made thereafter. Hence, the petition.

3. The respondents filed a reply making the preliminary submission regarding lack of maintainability. It was asserted that a Source Information Report made by the petitioner was received in the office, which was entrusted to respondent no. 5 for verification. The suspect is a Gazetted Officer and a regular inquiry has been recommended. The regular inquiry can be conducted only after the receipt of permission from the Competent Authority as per Para 4.1 of Chapter II of the H.P. Vigilance Manual. The matter has been submitted to respondent no.3 with all the details. However, the permission has not been received; therefore, it was prayed that the petition be dismissed.

4. I have heard Mr. D.S. Nainta, learned counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General, for the respondents/State.

5. Mr. D.S. Nainta, learned counsel for the petitioner submitted that the police is not conducting the investigation and not registering the FIR; therefore, the present petition be allowed and a direction be issued to the Police to register the FIR and carry out the investigation expeditiously.

6. Mr. Prashant Sen, learned Deputy Advocate General, submitted that the Police conducted the preliminary inquiry and sought permission as per the Vigilance Manual. The permission has not yet been received and the Police cannot proceed further. The present petition is not maintainable. Hence, he prayed that the present petition be dismissed.

7. I considered the rival submissions at the bar and have gone through the records carefully.

8. It was held by Kerala High Court in Vasanthi Devi versus S.I. of Police and anr., 2008 SCC online Kerala 47 that the Magistrate has the power to order the registration of the FIR and monitor the investigation under Section 156(3) of Cr.P.C.; therefore, the petition under Section 482 of Cr.P.C. for such directions is not maintainable. It was observed:

“11. Later, after adverting to the principle that an express grant of statutory power carries with it by necessary implication the authority to use all reasonable means to make such grant effective, the learned Judges construed the power under Section 156(3) Cr. P.C to include an implied power to direct a proper investigation. In para.24 the principle is stated with precision in the following words "In view of the above-mentioned legal position, we are of the view that although Section 156(3) is very briefly worded, 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 hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper i