IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15481 of 2010 Date of decision : 24.5.2010 Bhajan Singh …. Petitioner Versus State of Punjab and Others ….. Respondents Present : Mr. J.P. Singh, Advocate for the petitioner. *** S.S. SARON, J. The grievance of the petitioner is that despite registration of FIR No.15 dated 25.2.2010 (Annexure P2), no investigation has been carried out by the Police. Therefore, the present petition has been filed for directing Senior Superintendent of Police, Ferozepur (respondents No.2) to get the matter investigated from some Senior IPS Officer as SHO, Police Station Mamdo, District Ferozepur (respondent No.3) has failed to take any legal action against respondents No.4 to 15. It is submitted that the tractor of the petitioner was burnt and photographs (Annexure P1) of the burnt tractor have been placed on record. Crl. Misc. No. M-15481 of 2010 [2] During the course of hearing, it is stated by the learned counsel for the petitioner that he has not approached the Ilaqa Magistrate in the first instance. It may be noticed that 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 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 inaction by the Police Officials in not carrying Crl. Misc. No. M-15481 of 2010 [3] out proper investigation. 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 May 24, 2010 amit