The petitioner should avail the alternative efficacious remedy under the Cr.P.C. before approaching the High Court with a writ petition.

JUDGMENT :

S.A. Dharmadhikari, J.

1. Heard on the question of admission and interim relief.

2. The present petition, under Article 226/227 of the Constitution of India has been preferred by the petitioner seeking the following reliefs:-

"(i) That, respondents' Police authority may kindly be directed to make fair investigation in case registered at Crime No. 34/2021 at the Police Station University District Gwalior (M.P.).

(ii) That, respondents' authority may kindly be directed to take appropriate steps for making arrest of accused persons and to hand over investigation of said case in the hands of honest and able Police Officer.

(iii) That, any other suitable further orders may kindly be passed in the interest of justice. Cost may kindly be awarded."

3. Brief facts leading to filing of this petition are that on 23/1/2020, at about 4 PM, when the petitioner was going on her Scooty along with her mother, two unknown persons followed her. As she stopped near Sita Manor Hotel, the said persons came to her and threatened that if she would not enter into compromise in the FIR lodged by her at Police Station Madhoganj, then acid would be thrown at her and she would get killed. They also followed her till Scindia Girls School. Petitioner noted the number of Motorcycle and lodged an FIR which has been registered at Crime No. 34/2021 at P.S. University, District Gwalior. Besides, petitioner has again been threatened on 10/2/2021 of acid attack pressurizing her to enter into compromise in the aforesaid case, report of which has been lodged by her at Crime No. 37/2021 registered at P.S. Kotwali, Lashkar Gwalior.

4. Learned counsel for the petitioner submits that Investigating Officer of the aforesaid crime number is not arresting the accused persons and her action is favourable to the accused. For this, petitioner has made several representations to the police Authorities for doing fair investigation in the matter, but no action whatsoever has been taken thereupon. As such, the instant petition has been filed.

5. Per contra learned Government Advocate 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 in Article 226 of the Constitution of India. As such, the present petition is liable to dismissed at the threshold.

6. Heard, learned counsel for the parties.

7. 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 1