IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-19517 of 2010 Date of decision: 15.7.2010 Sahil Seth …. Petitioner Versus State of Punjab and Others ….. Respondents Present : Mr. L.M. Gulati, Advocate for the petitioner. *** S.S. SARON, J. The grievance of the petitioner is that despite registration of a case against the accused Rohit Seth, the Police is not carrying out effective investigation and the accused has not been arrested. It is submitted that the application seeking anticipatory bail filed by Rohit Seth has been dismissed by this Court vide order dated 20.5.2010 passed in Crl. Misc. No. M-14886 of 2010. However, the accused is not being arrested. After giving my thoughtful consideration to the matter, it may be noticed that the field of the investigation is the domain of the police. However, in case there is any inaction on the part of the police in not properly and effectively investigating the case, the petitioner has the remedy to approach the Ilaqa Magistrate 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 Crl. Misc. No. M-19517 of 2010 [2] 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. Even in State of Haryana v. Ch. Bhajan Lal AIR 1992 SC 604, it has been observed that a Magistrate is kept in the picture at all stages of the police investigation although he is not authorized to interfere with the actual investigation or to direct the police how the investigation is to be conducted. However, in case the investigating authorities transgress the circumscribed limits of their jurisdiction and improperly and illegally exercise their investigatory powers in breach of any statutory provision causing serious prejudice to the personal liberty and also property of a citizen, then the Court on being approached by the person aggrieved for the redressal of any grievance has to consider the nature and extent of the breach and pass appropriate orders as may be called for without leaving the citizens to the mercy of police echelons since human dignity is a dear value of our Constitution. In the facts and circumstances, the petitioner in the first instance may approach the Ilaqa Magistrate for the redressal of his grievance regarding allegations of inaction by the Police Officials in not carrying out proper investigations. 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 July 15, 2010 amit