Availability of alternate remedies for grievances related to FIR registration and investigation, and the discouragement of filing a writ petition or petition under Section 482 of Cr.P.C. for such grievances.

JUDGMENT

Vikas Bahl, J. (Oral). - The present petition has been filed under Section 482 of Cr.P.C., for issuance of necessary and appropriate directions to respondents No.2 and 3 to investigate the matter on the applications moved by the petitioner (Annexures P-2 to P-7).

The case of the petitioner is that respondent No.4 is the wife of the petitioner and the said respondent No.4, in order to grab his property, got executed a gift deed of his plot and house in her favour. It is further the case of the petitioner that after the execution of the said gift deed, the behaviour of respondent No.4 towards the petitioner changed suddenly and that respondent No.4, in connivance with respondent No.5, threw out the petitioner from his home. The petitioner had made several representations which have been annexed as Annexures P-2 to P-7 with the present petition.

The complaints/representations (Annexures P-2 to P-5) are almost verbatimly same and have been given to various authorities including the Home Minister, Director General of Police, Haryana, Senior Superintendent of Police, Hansi, Hisar, SHO, City Hansi, Hisar. The prayer made in the said representations, which is common in all, is reproduced hereinbelow:-

“Therefore, it is my request before you that as all this belongs to me, but still they have made me Orphan/Helpless. Kindly action should be taken against them and justice be done with me. So that I can stay at my home and can live my life.”

Learned counsel for the petitioner has submitted that the matter be investigated and action be taken against respondent Nos.4 and 5.

This Court has heard learned counsel for the petitioner and is not inclined to interfere in the present case and is of the view that a petition like the present one is not maintainable on account of several alternate remedies available to the petitioner in case the respondent authorities refuse to register an FIR or after registering an FIR do not carry out proper investigation. Hon'ble Supreme Court of India in case titled as Sakiri Vasu Vs. State of U.P. and others, reported as (2008) 2 SCC 409 has specifically held as under:-

“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.

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17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation.

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24. In view of the abovementioned legal position, we are of the view that although Section 156(3) is verybriefly 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 ta