'''; :>-, ,Kl^61 -< mGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION No. 2802 of2002 PETITIONER Gurucharan Singh, aged about 54 years, S/o Late Shri .Basant Singh, Proprietor, Basant Automobiles, Manendragarh, resident of Manendragarh, District Koriya (Chhattisgarh) ^ VERSUS RESPONDENTS : 1. State of Chhattisgarh, through the Secretary, Department of Home Affairs DKS Bhawan, Mantralay, Raipur (Chhattisgarh) 2. Superintendent of Police, Koriya, at Manendragarh, District Koriya (Chhattisgarh) 3. Town Inspector, Police Station, Manendragarh, District Koriya (Chhattisgarh) 4. Station House Officer, Police Station, Manendragarh, District Koriya (Chhattisgarh) 5. Tala Ram Sapra S/o Late Shri Kunwar Bhaa Sapra, resident ofManendragarh, District Koriay (Chhattisgarh) WRJT PETITION UNDERARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K.Agnihoti-i, J. Present: Shri B.D.Guru, Advocate for the petitioner. Shri M.P.S.Bhatia, Deputy Govemment Advocate for the State. Shri Anand Dadariya, Advocate for the respondent No. 5. ORDER (ORAL) (Passed on 31st day of July, 2009) Heard. 1. Leamed counsel appearing for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the police authorities as even after making complaint against the respondent No. 5, the police has neither taken any steps against the respondent No. 5 nor has investigated the matter. 2. In this regard, law is very clear. If the Police Station is not recording tfae information as refen-ed 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 Superintendent of Police of the District concemed. Even if the Superintendent of Police fails to take any action, the complainant can take recourse to provision ofSection 190 read with Section 200 ofthe Cr.P.C. 3. The Hon'ble Supreme Court in Aleque Padamsee and others Vs. Union of India and others held that "if any person is aggrieved by the inaction of the police officials in registering the FIR, the modalities contained in Section 190 read with Section 200 ofthe Code are to be adopted and observed." ' (2007) 6 SCC 171 -a y/ r'n r 2 4. In Sakiri Vasu vs. State of U.P. and others , the Hon'ble Supreme Court observed as under : 11.. ..we would like to state that 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 ifthat 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 t» file an application under Section 156 (3) Cr.P.C., before the learned 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 mvestigation. 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 includes 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 wide and it will include all such incidental powers as are necessary for ensuring a proper investigation." 5. Sufficient safeguards are given in the Cr.P.C., therefore, if any grievance exists, the petitioner may approach firstly, the Superintendent ofPolice ofthe District concerned and; thereafter, to the Court ofJudicial Magistrate under the provisions of Section 190 read with Sections 200 to 203 and other provisions ofthe Cr.P.C. 6. In view of the above, without expressing any opinion on the merits of the case, the petition stands disposed of. "'------'---~'—