IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-14609 of 2010 Date of decision: 18.5.2010 Bhim Singh …. Petitioner Versus State of Haryana and Others ….. Respondents Present : Mr. Tribhuvan Dahiya, Advocate for the petitioner. *** S.S. SARON, J. The petition has been filed under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) for issuance of directions to the respondents to investigate the case FIR No.98 dated 5.5.2010 registered at Police Station Baroda (Sonipat) for the offences under Sections 363/366A IPC in a fair and proper manner by an officer not below the rank of Deputy Superintendent of Police and to present the challan/report under Section 173 CrPC. The primary grievance of the petitioner is that effective and proper investigations are not being carried out in the aforementioned case and therefore, the matter is liable to be enquired into by the higher officers. It may be noticed that the FIR has been registered on 5.5.2010 and not even a month has lapsed so far and it is alleged that no effective steps have been taken by the police officials. In any case, in case the petitioner is aggrieved against the inaction of the police in not effectively carrying out the investigation, Crl. Misc. No. M-14609 of 2010 [2] he has his remedy of approaching the Area Magistrate in terms of Section 156 (3) CrPC in the first instance. In Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392, it was observed by the Supreme Court that Section 156(3) CrPC 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 a FIR 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. In the facts and circumstances, the petitioner in the first instance may approach the Ilaqa Magistrate for the redressal of his grievance regarding inaction by the Police Officials in not carrying out proper investigation. It is needless to submit that if such an application is made, the learned Magistrate shall consider the same in accordance with law. The Crl. Misc. petition is accordingly disposed of. (S.S. SARON) JUDGE May 18, 2010 amit