The main legal point established in the judgment is the emphasis on the alternative efficacious remedy of approaching the Magistrate under the Cr.P.C. for seeking registration of an FIR and ensuring a proper investigation, as provided under Section 156(3) of the Cr.P.C.

JUDGMENT :

S.A. Dharmadhikari, J.

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

2. This petition, under section 482 of the Cr.P.C., has been filed seeking direction to the respondent to conduct free, fair and impartial investigation in the FIR registered as Crime No. 416/2020 at P.S. Purani Chavani, District Gwalior.

3. Brief facts leading to filing of this petition are that a conspiracy was hatched to murder petitioner' son by the family members of his in-laws. His son was working as a labourer at Morar and on 7/11/2020 he was at his house at Billowa where he received a call from his younger brother-in-law to come to Barauaa for some work. Thereafter, at around 11.30 p.m., a constable from Billaua Police Station came to the house of petitioner and informed him that dead body of his son was found in P.S. Purani Chawani area and that an accident had taken place. The petitioner reached J.A. Hospital and found that his son was dead. Thereafter, the petitioner sensing some foul play, lodged an FIR and being not satisfied with the investigation requested the Investigating Authority to conduct the investigation in a free and fair manner as his son's in-laws had hatched conspiracy to murder his son. It is submitted that the relations between his son and daughter-in-law were not very cordial and there were frequent fights and this is the reason why family members of the in-laws had murdered his son. Though such applications were made by the petitioner, but no steps had been taken against the real culprits. Under such circumstances, by way of this petition, direction is being sought for the respondent to conduct free and fair investigation into the matter and also for considering the application filed by the petitioner.

4. 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. 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 refe