^i^f.^ii^^^ ' ^<^.Sy^ •'". vsiy <li:' ^•<ay,«-"' w N.i'<' sss: PETITIONER HIGH COURT OF CHHATTISGARH: BILASPUR WRIT PETITION N0.1379 OF 2004 Ku. Geeta Singh, aged about 35 years, D/o Late Bhola Singh, resident of Shahid Bhagat Singh Marg, Ram Nagar.lndira Chowk, P.S. Supela, Bhilai, Distt. Durg Versus RESPONDENTS/ 1 2. State of Chhattisgarh, through:- Senior Superintandent of Police, Durg In-charge, Police Station Supela, Bhilai, Distt. Durg (CG). 3. Shri K.L. Das, Asstt. Sub Inspector Police, Police, P.S. Supela, Bhilai, Distt. Durg (CG). 4. Shri Ram Bharose Chaudhari, aged about 64 years, S/o Khushihal Chaudhari, R/o Block No.3/2, Street No.14, Sector-2, BhilaiNagar, Distt. Durg (CG). 5. Shri Hari Mohan Sharma, S/o Shri Pyarelal Sharma, aged about 50 years, R/o Ram Nagar, Near Shakuntala Vidyalaya, P.S. Supeta, Bhilai, Distt. Durg (CG). (Writ petition under Article 226/227 of the Constitution of India) Singie Bench: Hon'bte Shri SaUsh K. Agnihotri, J. Present: Shri Uttam Pandey, counsel for the petitioner. Shri Bhaskar Payasi, Panel Lawyer for the State. ORALORDER (F^ssed on this 18th day ofAugust, 2008) Learned counsel appearing for the petitioner submite that the petitioner has filed a complaint on 28-9-2003 (Annexure-P/^ before the Senior Superintendent of Police, Durg and there are allegations against the Police OfRcers. Thus, thePolice OfRcers are not taking any interest in the matler and pjoceedings with the complaint. 2) In this regard, law is very clear. If the Police Station is not recording the informatfon as referred 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 Superihtendent of Police of the District concerned. Even if the Superintendent of Police fails to take any action, the complainant can take recourse to provision of Section 10) read with Section 200 ofthe Cr.P.G. \^ -2-- o 3) Learned counsel submite that the complaint may not be maintainable, as the petitioner is not in possession of records, which are relevant for the purpose oftaking actipn. 4) In the matter of Sakiri Vasu vs. State of U.P. and others (criminai appeal No.1685 of 2007) decided on 7-12-2007, the Hon'ble Supreme Court observed as under: "11....we would like to state |hat if a person has - a grievance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police under Section 154 (3) Cr.P.C., by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156 (3) Cr.P.C., before the learned Magistrate concerned. If such an application under Section 156 (3) is flled before ttie Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation. 17. In our opinion Section 156 (3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it inctudes the power to order registration of an F.I.R. 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. Section 156 (3) Cr.P.C., though briefly worded, in our opinion, is very wlde and it will include all such incidental powere as are necessary for ensuring a proper investigation." 5) Sufficient safeguards are given in Uie Cr.P.C., therefore, if any, grievance existe the petitioner may approach firstly, the Superintendent of Police of the District concerned and; thereafter, to the Court of Judicial Magistrate •under the provisions of Section 190 read with Section 200 oftheGr.P.C. 6) For the foregoing reasons, the petition stands disposed of. Gowri Sd/- Satish K. Agnihotri Judge