wngw Emch IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR /@/ ....... Gag/nix WRIT pETITION (cm No: W324 2011 PETITIONER: / , Md. Ajij @ Bhondu S/o Md. Amir, aged 26 VUS ERS / : 1. State Of Chhattisgarh Through: Secretary Department of Home, D.K.S. Bhawan, Mantralaya, Raipur, Chattisgarh 2. Superintendent of police Raigarh, Distt. Raigarh (C.G.) ./{ 3. The Station House Officer, Police Station Kotwali,Raigarh, Distt. Raigarh(C.G.) RIT PETITION UNDER ARTICLE 226 O CONSTITUTION OF INDIA I t W F THE WRIT PETI'I‘ION UNDER ARTICLE 226 OF THE CONS'ITI'UIION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Ms. Shannila Singhai, Advocate fof the petitioner. Shri V.V.S.Moox1hy, Deputy Advocate General for the State/ respondents. ORDER ORAL (Passed on 09t day of August, 201 1) Learned counsel appearing for the petitioner submits that the police authorities, even aiter registering F.I.R. against the accused persons, the challan has not been filed and the police authorities are not proceeding with the matter. 2. Be that as it may, section 190 ofthe Code of Criminal Procedure, 1973 (fbr short ‘the Code, 1973 ’) provides for redressal of grievance in such a case wherein the petitioner can make a complaint to the Magistrate to take cognizance of the oifence and further, under section 156(3) ofthe Code, 1973, the Magistrate is hilly empowered to order an investigation as mentioned in other provisions of section 156 ofthe Code, 1973. Thus, on the basis of documents produced by the petitioner, it would not be proper for this Court to make any direction when the eEective remedy of approaching to the Magistrate under the above stated provisions of law, is available. Ifthere is undue delay on the part ofthe police authorities in investigation of the matter, that can also be directed by the Magistrate. The power of the Magistrate under section 156(3) of the Code, 1973 to order such investigation, as empowered under section 190 of the Code, 1973 includes a direction to investigate the matter within a reasonable time without causing undue delay, on receiving a complaint for slow and undue delay in the investigation. 23 A FR HIGH COURT OF CHHATTISGARH AT BILASPI JR WRIT PETITION (Cr) N0. 4232 of2011 PETITIONER : Md. Ajij @ Bhondu. VERSUS RESPONDENTS : State of Chhattisgarh & Others. w 3. The Supreme Court, in Sakiri Vasu v. State of UP. & othersl, while considering the situation wherein the police station or the Superintendent of Police has failed to perform their duties, observed as under: “1 1. In this connection we would like to state that if a person has a gievance 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 aiter registering it no proper investigation is held, it is open to the aggieved person to file an application under Section 156(3) Cr.P.C., before the *- leamed Magistrate concerned. If such an application under Section 156(3) is filed before the 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.” 4. Admittedly, the petitioner has not taken recourse to the provisions of section 156(3) ofthe Cr.P.C. by making an application to the Magistrate concemed for appropriate action on the complaints of the petitioner. Thus, at this stage, it would not be proper to interfere with the matter in exercise of writ jurisdiction when the proper and effective forum of making an application/complaint before the magistrate under the provisions ofthe Code of Criminal Procedure. is available. 5. Thus, without expressing any opinion on the merits ofthe case, the petition is dismissed reserving liberty to the petitioner to take recourse to the aforestated provisions of law, if so advised. It‘such a complaint is made before the jurisdictional Magistrate, it is expected that the same shall be dealt with expeditiously in accordance with iaw, on its own merit. Sd/~' Satish K. Agnihotri Judge l (2008) 2 SCC 409