The High Court should not exercise inherent jurisdiction under Section 482 Cr.P.C. to direct fair investigation or compel specific charges when alternative remedies under Section 156(3) Cr.P.C. exist, as the manner of investigation is the exclusive domain of the investigating agency.

ORDER

The present petition under Section 482 of Cr.P.C. has been filed by the petitioner seeking following relief:-

"It is, therefore, prayed that the court may kindly be pleased to allow this application of applicant under section 482 of Cr.P.C. for Fair investigation and also directed to submit additional challan with respect to u/s 117 of Bhartiya Nayay Sahinta is equivalent of Indian penal code section 325 (voluntarily causing grievous heard) in connection with the crime No. 91/25 p.s. Endori District Bhind whereby offence was registered against the respondent No. 5 to 8 offences U/s 115(2), 296, 351(3), 3(5), 118(1) of B.N.S. 2023."

So far as the prayer relating to fair investigation is concerned, it is well settled by the Hon'ble Supreme Court in Sakiri Vasu v. State of U.P. [(2008) 2 SCC 409] and Aleque Padamsee v. Union of India [(2007) 6 SCC 171] that if a person is aggrieved by non-registration of FIR or inaction by the police, the appropriate remedy is to approach the Magistrate concerned by filing an application under Section 156(3) Cr.P.C./175 (3) of BNS and not by filing a application under Section 482 of Cr.PC./528 BNSS directly before this Court.

In the matter of Sakiri Vasu v. State of U.P. (supra), the Hon'ble Supreme Court has held as under:-

"17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation.

18. It is well-settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective. Thus where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its execution.

19.XXX

20. In ascertaining a necessary implication, the Court simply determines the legislative will and makes it effective. What is necessarily implied is as much part of the statute as if it were specifically written therein.

21.XXX

22.XXX

23.XXX

24.XXX

25. We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a petition under Section 482 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, firstly under Section 154(3) and Section 36 Cr.P.C. before the concerned police officers, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3).

26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then should