W m‘ ‘ BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P No. (3&1 Izooa / Shivbansh Singh, S/o‘ Ram‘at, aged PETITIONER about 58 years, Caste—Gond, R/o. Village-Ramnagar. P.S. Vishrampur‘ Tahsil-Sufajpur, District Sarguja (C.G.) VERSUS ':1 The State of Chhattisgarh, Through : RESPONDENTS the Secretary, Department of Home, D.K.S. Bhawan, Raipur (C.G.) Deputy General of Police, Chhattisgarh, Raipur (C.G.) 3. Inspector General of Police, Sarguja, at Ambikapur, District Sarguja (C.G.) Superintendent of Police, Poiice District Surajpur, ’at Surajpur, District Sarguja (C.G.) /5. Chief Managing Director, South Eastern Coal Fields Limited, Seepat Road, Bilaspur, District Bilaspur (C.G.) 6. Chief General Manager, South Eastern Coal Fields Limited, Vishrampur Area, District Sarguja (C.G.) - Narendra Jain, S/o. Late Jethamal Jain, aged about 4O years, R/o. Main Road, Vishrampur, District Sarguja (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. PARTICULARS OF THE PETITIONER As mentioned above in the cause title. , HIGH COURT OF CHHATI‘ISGARH AT BILASPUR WRIT PETITION (CL) No. 1024‘of20i09 T 3 PETITIONER : Shivbansh Singh. VERSUS RESPONDENTS : The State of Chhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’hle Shri Satish K. Agnihotri, J. I Present: Shn' A.K.Prasad, Advocate for the petitioner. ’ Shri AV. Shridhar, Panel Lawyer for the State. Shri Ghanshyam Patel, Advocate for the respondent No. 5 and 6. Shri Somabh Dangi, Advocate for the respondent No. 7. 3:} ,« ORDER ORAL (Passed on 17 day of June, 2010) Learne counel apparing for the petitione submits tt e etitioner d s e r ha th p has made a complaint to th Superitendent of Police, District Suruja e n g under section 154(3) f the Code of Criminal Procedure (fo short ‘the o r Cr.P.C. ’) seekin a direction to th Police Station to regsr a criin g e ite mal i case against the respoent No. 7 or having committe the alleged nd f d offences. Learned counsel further submits at on enquiry conducted by th the Sub Divisional Officer (Police), a cogable offence was made ut, ni7 o despite that, no action has been taken. 2. The Supreme Court, in Sakiri Vasu v. ’State of P. otr, le U. & hes’ whi considering the situation wherein the police station. or the Superintendent of Police has failed to perform their duties, observed as under: “l. In this connection we would like to state that if a person has a grievance that the police station s not registing his I nder Stion 154 Cr.P.C., th 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 r 1 > (2008) 2 sec 409 -’ l l. l i er FR u ec en sense that elther the FIR ls still nat regstered or - . ’ H that even atier regmtenng it no proper: :T, ‘ mvesugatlon ls held, 1t 1s open to the aggneved person to file an apphcatmn under Secnon 156(3) CrPC before the learned Magstrate concerned. Ifsuch an application under Section 156(3) is filed before the Magistrate the y Magistrate ean dnect the rIR to be registered and also can direct a proper investigation to be made m a ease where, accordmg to the aggrieved person, no proper mvesngation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.” 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 concerned 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 etfective forum of making an application/complaint before the magistrate under the provisions ofthe Code ofCriminal Procedure, is available. Without expressing any opinion on merits of the case, the petition is disposed of with liberty reserved to the petitioner to take appropriate steps as advised under the provisions of law in the light of the legal propositions as laid down by the Supreme Court in Sakiri Vasu (supra); l V Sd/- i Satish K. Agnihotri ‘ ’ Judge '