The main legal point established in the judgment is that the appropriate remedy for grievances related to the registration of an FIR or proper investigation lies under Section 156(3) of the Cr.P.C., and filing a writ petition for the same is discouraged.

JUDGMENT :

S.A. Dharmadhikari, J.

1. In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

2. The present petition, under Article 226 of the Constitution of India has been preferred by the petitioner seeking the following reliefs :-

7-1 ;g fd ekuuh; U;k;ky; ls fuosnu gS fd] Áfr;kfpdkdrkZ Øekad 2] 3 ,oa 6 o 7 dks funsZf'kr fd;k tkos fd og okLrfod vkjksihx.k ds fo#) vkijkf/kd Ádj.k ntZ dj vuqla/kku lh-ch-vkbZ@lh-vkbZ-Mh- ls djk;k tkosA ftlls ;kfpdkdrkZ dks U;k; ÁkIr gks ldsA
7-2 ;g fd] Áfr;kfpdrkZ Øekad 2] 3 ,oa 6 o 7 dks ;g Hkh funsZf'kr fd;k tkos fd og p{kqn'khZ lkf{k;ksa ds crk;s vuqlkj dFku ys[kc) fd;s tkosA
7-3 ;g fd] vU; dksbZ lgk;rk] vuqrks"k ekuuh; U;k;ky; U;k;fgr esa mfpr le>s og ;kfpdkdrkZ dks Áfr;kfpdrkZx.k ls fnykbZ

3. Brief facts leading to filing of this case are that on the intervening night of 26-27/05/2019 deceased Dimple Mehta brought to the J.A. Hospital by her husband Mayank Mehta who informed that she had consumed poison. After examination of the doctor, Dimple Mehta was declared dead. Husband Mayank Mehta used to harass her and demanded Rs. Three Lakhs due to which she was frustrated and consumed/was given poisonous substance. Thereafter, a complaint was lodged but Police Authorities did not lodge the complaint properly nor made actual persons as accused, therefore, petitioner has no option but to file the writ petition for seeking direction.

4. Per contra learned Panel Lawyer contends that the relief prayed in this petition cannot be granted to the petitioner in view of the fact that petitioner is having an alternative efficacious remedy of filing complaint before the Magistrate under section 156(3) of the Cr.P.C. He further submits that it is well settled that disputed questions of fact cannot be looked into by this Court under Article 226 of the Constitution of India. As such, the present petition is liable to dismissed at the threshold.

5. Heard, learned counsel for the parties.

6. In the case of Sakiri Vasu vs. State Of U.P. And Others (2008) 2 SCC 409) has 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.

13. The same view was taken by this Court in Dilawar Singh vs. State of Delhi JT 2007 (10) SC 585 (vide para 17). We would further clarify that even if an FIR has been registered and even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate under Section 156(3) Cr.P.C., and if the Magistrate is satisfied he can order a proper investigation and take other suitable steps and pass such order orders as he thinks necessary for ensuring a proper investigation. All these powers a Magistrate enjoys under Section 156(3) Cr.P.C.

14. Section 156 (3) states:

"Any Magistrate empowered under Section 190 may order such an investigation as abovementioned."

The words as abovementioned obviously r