The main legal point established in the judgment is that when a person has a grievance regarding the lodging of an FIR or the conduct of a proper investigation, the remedy lies in approaching the Magistrate concerned under section 156(3) of the Cr.P.C., and not in filing a writ petition or a petition under Section 482 Cr.P.C.

JUDGMENT

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

'1. The Hon'ble Court be pleased to direct the respondent No.1 to 5 to lodge FIR against the respondent No.6 and 7 and pursuant to the said FIR appropriate investigation may be conducted to take the legal proceeding to logical end.

2. Cost of the petition be awarded.

3. Any other relief which the Hon'ble Court deem fit be awarded.'

2. Learned counsel for the petitioner submits that the petitioner is aggrieved by inaction of respondents No.1 to 5/police authorities in not lodging the FIR against the respondents No.6 and 7. In this regard, the petitioner has submitted a representation to the Superintendent of Police, Balaghat on 10.09.2022 (Annexure P/7) but no action whatsoever has been taken thereupon. As such, the instant petition has been filed.

3. Per contra learned Government Advocate for the respondents/State contended 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 be dismissed at the threshold.

4. Heard learned counsel for the parties and perused the record.

5. 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 refer to Section 156 (1), which contemplates investigation by the officer in charge of the Police Station.

15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same.

16. The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to further i