The main legal point established in the judgment is the importance of exhausting alternate remedies before approaching the High Court for the registration of an FIR and the direction of a proper investigation.

JUDGMENT

Jasjit Singh Bedi, J. (Oral). - The present petition has been filed under Section 482 Cr.P.C. for issuance of appropriate directions to respondents No.2 to 4 for registration of an FIR under Sections 302, 148, 149, 34 and 120-B IPC against private respondents and their associates, making arrest of the private respondents and to handover investigation to an independent agency like CBI for having committed a murder of Jagbir, husband of the petitioner-Mukesh Kumari.

2. The learned counsel for the petitioner contends that the husband of the petitioner, namely, Jagbir Singh went to meet Punit, respondent No.9, who is the proprietor of a shop. Her husband had taken two other women, one of whom was Priti and another was Jannet and these persons had committed the murder of her husband and also took 2-3 lacs from him. He contends that the last seen theory is applicable and the private respondents need to be interrogated by the police officials in order to discover the truth.

3. He further contends that on 12.11.2021, the private respondents got admitted one person with a pain in his stomach at Government hospital, Jhajjar where the doctor declared the person dead as that person was having an injury on his forehead and it appeared that the injury was suffered due to falling down. Therefore, the police officials had misused their powers by making a false DDR entry only to protect the private respondents and converting a case of murder into a case of death by injury caused by falling down and due to pain in the stomach. He contends that the petitioner requested the respondents to register an FIR against the accused persons but the same was not done, and when she went to the police station and approached the SHO, she was scolded and thrown out of the police station. Thereafter, on 10.01.2022, she made a complaint to the C.M. Haryana, but no action was taken by respondents No.3 and 4.

4. When no action was taken by the official respondents, on 14.02.2022, the petitioner made a representation to the official respondents but no action was taken on her complaint/representation (Annexure P-1). A subsequent application/representation dated 03.03.2022 was made to the Deputy Commissioner of Police, Jhajjar (Annexure P-2), which also did not invite any action. The learned counsel for the petitioner contended that in terms of Section 154 Cr.P.C., the official respondents were bound to register an FIR on a cognizable offence having been disclosed to them.

5. I have heard the learned counsel for the petitioner at length.

6. There is no doubt that the Court has inherent powers under Section 482 Cr.P.C. to transfer the investigation from one agency to another, including to the CBI, if the facts so warrant, but the same should be done in some rare and exceptional case, otherwise the CBI would be flooded with a large number of cases making it impossible to properly investigate all of them.

7. The Hon'ble Supreme Court has dealt with the issues of the power to order the registration of an FIR, transfer investigations, to supervise the same and other allied issues in a number of judgments. Some of them are enumerated hereinbelow:-

In 'Sakiri Vasu versus State of U.P. and others, 2008 (1) RCR (Criminal) 392', the Hon'ble Supreme Court has held as under:-

'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 y