The main legal point established in the judgment is that the High Court cannot issue a direction for registration of an FIR under Article 226 of the Constitution of India, and the aggrieved person should avail the alternative remedies under the Cr.P.C. for seeking registration of an FIR and ensuring a proper investigation.

Headnote:
FIR Registration - Criminal Procedure - Section 154(3), Section 156(3) Cr.P.C. - The court discussed the legal provisions under Section 154(3) and Section 156(3) of the Criminal Procedure Code, emphasizing the powers of the Magistrate to order registration of an FIR and ensure a proper investigation. The court highlighted the alternative remedies available to the aggrieved person and the limitations on the High Court's jurisdiction under Article 226 of the Constitution of India.
Fact of the Case:

The petitioner filed a complaint alleging fraud in a loan transaction and sought the court's direction to register a criminal case against the accused. The government advocate contended that the relief sought cannot be granted based on legal precedents and alternative remedies available under the Cr.P.C.
Finding of the Court:

The court found that the petitioner had not availed the alternative efficacious remedy as envisaged under the Cr.P.C., and therefore dismissed the petition. The petitioner was advised to approach the competent authority under the Cr.P.C. for ventilation of grievances.
Issues: The main issue was whether the court should direct the police authorities to register an FIR based on the petitioner's complaint, despite the availability of alternative remedies under the Cr.P.C.
Ratio Decidendi: The court relied on legal precedents and emphasized the powers of the Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR and ensure a proper investigation. It highlighted the limitations on the High Court's jurisdiction under Article 226 of the Constitution of India in directing the registration of an FIR.
Final Decision: The petition was dismissed, and the petitioner was advised to approach the competent authority under the Cr.P.C. for ventilation of grievances.

ORDER/JUDGMENT : – Shri R. S. Bansal, learned counsel for the petitioner.

Shri G. K. Agrawal, learned Government Advocate for the respondent-State on advance notice.

2. Petitioner has approached this Court, under Article 226 of the Constitution of India, claiming to have filed a complaint (Annexure P-1) on 25-10-2021 before Police Station Maharajpura, Gwalior alleging fraud in the matter of loan transaction. It is the grievance of the petitioner that despite filing of such complaint, no action whatsoever is being taken thereupon.

3. Learned counsel for the petitioner while relying upon the decision of this Court in the case of Rajendra Singh Pawar and others vs. State of M.P. and others, reported in 2021(1) M.P.L.J. (Cri.) 343, submits that respondents/Police Authorities may be directed to register a criminal case against the miscreants on application/complaint filed by the petitioner (Annexure P/1), take action against the accused persons, and after carrying out fair and impartial investigation into the matter, file charge sheet before the competent Court having criminal jurisdiction

4. Per contra, learned Government Advocate contends that the relief sought for cannot be countenanced in the light of law laid down by the Hon’ble Apex Court in the cases of Aleque Padmsee and others vs. Union of India and others, (2007) 6 SCC 171, Sakiri Vasu vs. State of U. P., (2008) 2 SCC 409, reiterated in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and others, reported in (2016) 6 SCC 277 and followed by the Division Bench of this Court in the case of Shweta Bhadoria vs. State of Madhya Pradesh and others, reported in and W.A. No. 658/2017 (Dr. Balveer Kethoria vs. State of Madhya Pradesh and others,) wherein, it has been ruled that in exercise of power under Article 226 of the Constitution of India, the High Court cannot direct for registration of the FIR, as remedies are available to the person under sections 154(3) and 200 of the Cr.P.C. As a matter of fact, the aforesaid decisions of the Apex Court and Division Benches of this Court appear to have escaped the notice of learned Single Judge. Albeit, in paragraph 4 of the said judgment, the learned Single Judge has himself observed as under : –

“In view of the aforesaid law, this Court does not deem fit to exercise jurisdiction to give direction to police authorities to register First Information Report as petitioners have not demonstrated that their case falls in exception laid down in case of Whirlpool Corporation (supra).”

As such, the submissions advanced on the basis of judgment of the Coordinate Bench of this Court in the case of Rajendra Singh Pawar (supra) striking a different note, cannot be countenanced in view of settled legal position.

5. Heard.

6. This Court has carefully perused the aforesaid judgments passed by the Hon’ble Apex Court as well as by the Division Bench of this Court. For ready reference, relevant extracts of decision in Sakari Vasu (supra) is reproduced thus : –

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 Dilawa