HIGH COURT OF CHHATTISGAKH AT BILASPUR ,J>, PETITIONER WRIT PETITION No. 1786 ot'2002 Ku, Padmini Bhivgade, aged about 28 years, D/o Shri P.S. Bhivgade R/o Q. No. 130/A, Zone 1, Charoda, Distt. Durg (Chhattisgarh). RE.SPONDENTS : StateofChhattisgarhthrou^: 1. Supermteiident Police Distt. Durg (Clihattisgarh). 2. OfEcer Incharge Out Post Kumhari, P.S. 0!d Bhilai Distt. Durg (Chhattisgarh). 3. Lal Chand Gedaai, aged about 35 years, adopted S/o Shri D.D. Gedam, R/o Infront ofGurudvvara, Panchsheel Nagar, G.E. Road, 6haroda, Distt. Durg (Chhattisgarh). WKH PETITION UNDER ARTICLE 226/227 OF 1~HE CONSTTTUTION OF NDIA SB: Hon'ble Shii Satish K. Asmhotri. J. Present: ShriUttamPandey, Advocatesforthepetitioner. Shri Vmay Harit, Deputy Advocate General forthe State. (Passed on 7U1 day ofJanuary, 2009) With the consent ofthe parties, the matter 'is taken up tor hearing finally. 1. Leamed counsel appearing for the petitioner submits that the petitioner is aggrieved by the inaction on the part of fhe police authorities for not mvestigating the complamt of the petitioner, properiy. Brother of the petitioner made an application on 20.08.2002 (Annexure P/l) befbre the concemed Police Authorities by raising his all grievances, but they have not taken any action. Thus, the Police Authorities are aot taking any interest on tiie matter.and not proceedmg wifti the application ofthe petitioner. 2. In this regard, law is very clear. tf fhe Police Station is not recording the infbrmation as refeired in sub-section (1) of Section 154 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C."), complaint can be made to the Superintendent of Police of the District concemed. Even if the Superintendent of Police fails to take any action, the complamant can talce recourse to provisiqn ofSection 190 read wifh Section 200 ofthe Cr.P.C. 3. Ttie Hon'ble Supreme Court m the matter of AIeque Padamsee and others Vs. Union of India and others held that "if any person is aggrieved by the inaction ofthe police officials in registering the FIR, the modalities contained in Sectibn 190 read with Section 200 of the Code are to be adopted and observed." "~^.i'~«.. (20C!7:i6SCC171 K ^^,/11 'i'aK yanu 4. In the matter of Salari Vasu vs. State of U.P. and others , the Hon'ble Supreme Court observed as under : "11....we would like to state that if a persoa-has a grLevance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent ofPolice under Section 154 (3) Cr.P.C., by an application in writing. Even if that does not yield any satisfactory result ia the sense that either the FIR is still not reeistered, or that even after registering it no proper investigation is held, it is open to fhe aggrieved person to file an application under Section 156 (3) Cr.P.C., beforethe leanied Magistrate concemed. Ifsuch an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the ^IR to be registered and also can dii'ect a proper investigation to be made, in a case where, according to the aggrieved person, no proper iiivestigation was made. The Magistrate can also under the saine provision monitor the investigation to aisure a proper mvestieation. 17. In our opinion Section 156 (3) Cr.P.C. is wide enough to include ail such powers in a Magistrate which are necessary for ensuring a proper investigation, and it iududes the powerto order registration ofaa F.I.R. and of ordering a proper investieation ifthe 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., fhough briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessaty for ensuring a proper investigation." 5. In the matter of Lalita Kumari Vs. Govemment ol' Uttar Pradrah and others, also the Hon'ble Supreme Court reiterates the aforesaid view. 6. Suffleient safeguards are given in the Cr.P.C., therefore, if any, grievance exists the petitioner may approach firstly, the SuperinteHdent ofPolice ofthe District concemed and; thereafter, to the Court of Judicial Magistrate under fhe provisions of Section 190 read with Sections 200 to 203 and other provisions offheCr.P.C. 7. In view ofthe above, without expressing any opinion on the merits ofthecase, the petition stands disposed of. 8. Consequently, pending applications, ifany, also stands disposed of. sd/-,:: •. SatishK.Agnihotri Judge £008)2 SCC 409