,??T-W ^f^^ %- 3 5 -7 i 9 $aratu Nishad, aged 55 years, S/o Dayaram Nishad, R/o Viilage Ruse, P.S. Nawagarh, Tahsil Nawagarh District Durg (C.G.) 1 The State. of Chhattisgarh, Through the Secretary, Home Department, Government of Chhattisgarh, D.K.S. Bhawan, Raipur (C.G.) 2 The District Magistrate Durg G.) '.u The Superintendent of Police, Durg(C.G.) The Station House Officer, P.S. Nandghat, District Durg (C.G.) Janak Kumar Sahu, aged 50 years, S/o Guha Ram Sahu Khiieshwar Sahu, aged 27 years, S/o Sanat Sahu Hari Ram Nishad, aged 21 years, S/oJohan Nishad 5, 6 an 7 residents of Viliage Ruse, P.S. Nawagarh, District Durg (C.G.) Manoj Nishad, aged 27 years, S/o Tij Ram Nishad, Dhuma aiias Pradumna Patle, aged 50 years, S/o Rambharose, Satnami, driver 8 & 9 both resident of Village Manpur, P.S. Nawagarh, District Durg (C.G.) \ 10 ishwar Lat Nishad, aged- -1<> *T^- years, S/o Kej ram Ramkhiiawan Nishad, aged 45 years, S/o Milan Nishad, 10 & 11 both residents of ^ssa^^ ^'Sr^ f^^:. •• w % ^A <3.1 •^^y' Village Karamsen, P.S. Nandghat, District Durg (C.G.) FRITPETITIQN UNDER ARTiCLE 226 OF THE Mr. Sameer Singh, Counsel for the petitioner. Mr. Arun Sao, Government Advocate for the State/respondents 1 to 4. ORAL ORDER ^ Petitioner-Baratu Nishad has filed this petition for the foliowing reliefs: Hon'ble to direct I.R.under 154(3) for 201 of the Respondenfs 5 Nishad and connected them "It is, therefore, prayed that Court be, in the interest of justice, the Respondents 1 to 4 to register on F Section 154 of Cr.P.C. or under Section an offence under Sections 120(8), 302, i.P.C read with Section 34, against to 11 for the murder said Netram N compticity in the murder and other offences, investigate the same and in the Court of !aw." The petitioner has alieged the inaction on the part of the State authorities and has prayed for issuance of direction to them to register a Flrst Information Report against the concerned persons. tn 2 S.C.C. 409, the Supreme Court held vide paras 26, 27 & 28 as follows : 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 u/s 154(3) Cr.PC or other police officer referred to in Se'ction 36 Cr.PC. !f despite approaching the Superintendent of Police or the officer referred to in section 36 his grievance stil! persists, then, he can approach a Magistrate iilr. "'t':-,.'.'- --..-:.• ^ ^ under Section 156(3) Cr.PC instead of rushing to the High Court by v/ay of a writ petition or a petition under Section 482 Cr.PC. Moreover, he has a further remedy of filing a criminai complaint under Section 200 Cr.PC. Why then should writ petitions or Section 482 petitions be entertained when there are so many aiternative remedies ? 27. As we have already observed above, the Magistrate has very wide powers to direct registratlon of an FIR and to ensure a proper investigatlon and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of fiii'ng s writ petition or petition under Section 482 Cr.PC simpiy because a person has a grievance that his FIR has not been registered by the Police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under sections 36 & 154(3) before the police officers concerned, and if that is of no avail, under Section 156(3) Cr.PC before the Maglstrate or by filing a crimins! complaint under sectlon 200 Cr.PC and not by filing a writ petition or a petition under Section 482 Cr.PC. 28. !t is true that alternative remedy is not an absolute bar to a Vi?rit petition, but it is equally weil settled that if there is an alternative remedy the High Court should not ordinarily interfere. • in vievi/ ofthe above discussion, 1 am not inclined to entertain this writ petition for issuance of a writ to the Police authorities to register the F!R. The writ petition, therefore, is liable to be dismissed and is dismissed summarily. However, the petitioner shall be at liberty to avail the other appropriate remedies in accordance with law. With the above observation/direction, t'nis petition stands finallydisposed of. Sd/- : Sunil Kumar Sinha Judge ^-r- i