Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16121 of 2019 Petitioner :- Smt. Rama Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Shikhar Awasthi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Shikhar Awasthi, learned counsel for the petitioner, Ms Archana Singh, learned AGA for the State-respondents and perused the material on record.
The instant petition seeks a direction upon the state-respondents to arrest the accused persons in pursuance of the FIR dated 25.10.2018 registered as Case Crime No. 0497 of 2018, under Sections 452 354, 323, 427, 395 IPC and Section 3(1)X of SC/ST Act, P.S. Panki, District Kanpur Nagar and further a direction to the state respondents to conduct fair investigation of the said Case crime.
It is contended by learned counsel for the petitioner that petitioner is informant of the said case, which was registered by her against the petitioners including the three police personnel but the investigation of the said case crime is not being carried out fairly on account of involvement of the police personnel as accused.
Be that as it may, it has been held in catena of decisions that if any person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) Cr.P.C. If such an application under Section 156(3) Cr.P.C. is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter.
However, considering the facts and circumstances of the case, and keeping in view the involvement of police personnel in the alleged crime, the Investigating Officer of the said case is directed to conclude the investigation within a period of four months, if not already concluded, in accordance with law from the date of production of certified copy of this order. It is further made clear that necessary sanction to prosecute the police officials, if required under the law, shall be obtained by the concerned Investigating Officer, before proceeding with the investigation against them.
With aforesaid observation, the writ petition is finally disposed off.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh