The petitioner should avail the alternative efficacious remedy under Section 156(3) of the Cr.P.C. before seeking relief from the High Court.

JUDGMENT

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

'(i) That, this Hon'ble Court may kindly be pleased to direct the respondent no.1 & 2 to take strict action against the respondent no.3 & 4, in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent no.1 & 2 to immediately arrest the respondent no.3 & 4 in crime no.85/2018 & 53/2021 for offences u/s 409, 420 & 34 of IPC which was registered against respondent No.3, 4 & other co- accused Mr. Sumit Khaneja at P.S. Kolar Road Bhopal (M.P.), in the interest of justice.

(iii) Any other relief or writ or direction or order which this Hon'ble Court may deem fit and proper in view of facts and circumstances of the case alongwith cost of the litigation.'

2. Learned counsel for the petitioner submits that the petitioner is aggrieved by inaction of the respondents no.1 & 2/Police Authority in not taking appropriate action against respondents no.3 & 4, who have committed mass cheating and fraud with the home buyers and two FIRs are registered against them alongwith one co-accused Mr. Sumit Kaneja vide Crime No.85/2018 and 53/2021 for the offences punishable under Sections 409, 420 & 34 of IPC.

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 fin