The judgment emphasizes the need to follow the prescribed procedures under Cr.P.C. and the wide powers of the Magistrate under Section 156(3) Cr.P.C. to ensure proper investigation.

These criminal original petitions have been filed under Section 482 Cr.P.C. for the relief of either directing the concerned police to register a case or to transfer the investigation from the regular police to some other investigating agency or fixing a time limit for filing the final report etc.

2. Petitions are being filed, wherein, in some cases, the complainant has not even gone to the police station but has sent the complaint by post either to the concerned police or to the Superintendent of Police. Thereafter, they approach the High Court for issuing direction to register the case, forgetting the provision contained under Section 154 Cr.P.C.

3. There are also petitions for direction to register a case in civil disputes as well as in family disputes in which police have no business to interfere. There are also some petitions for directing the concerned police to further investigate the matter.

4. As already stated, a complaint should be given to the concerned police and if the Station House Officer refused to register the complaint, then a copy of the complaint can be sent to the Superintendent of Police or any other competent officer mentioned under Section 36 Cr.P.C. But the petitioners are coming to High Court directly under Section 482 Cr.P.C to give a direction to the concerned police to register a case, which is not a correct procedure.

5. If a person is aggrieved of the refusal by the police to register a case, he can resort to the procedure laid down under Section 156(3) Cr.P.C. But without resorting to the provisions under Section 156(3), filing the petitions directly in the High Court is a practice which has to be deprecated.

6. The Code of Criminal Procedure contains alternative remedy in the code itself, that the affected party can approach the lowest Court among Criminal Courts, the party should approach only the Lowest Criminal Court, that is Judicial Magistrate and should not rush to the High Court for the same remedy especially when the High Court is already flooded with lakhs of cases.

7. Even if a party is aggrieved that the final report has not been properly filed, that is some accused either deleted or some Sections of IPC have not been included, even the Magistrate has got power to pass orders for further investigation under Section 173(8) of Cr.P.C.. The power under Section 173(8) Cr.P.C. can be exercised only by the concerned Magistrate and not by the High Court, only in exceptional cases. An affected party can approach this Court under Section 482 Cr.P.C. only in rarest of rare cases, where grave injustice have been done even after approaching the appropriate forum.

8. The Honourable Supreme Court in Sakiri Vasu -vs.-State of U.P and others reported in 2007 AIOL 1861 dated 07.12.2007, after referring several decisions has observed as follows:

"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:

"The clear position therefore is that any judicial Magistrate, before taking cognizance of the offence, can order investigatio