HIGH COURT OE GHHATTISGARH AT BILASPUR WRTT PETmON (Crt No. 3643 of2009 PETmONER RESPONDENTS Anjela Lal D/o Late Anil Lal age 25 years, Occupation - Nil, Resident ofBehind cong-ess ofBce, Bilaspur (C.G.) VERSUS 1. State of Chhattisgarh, fhrou^i Secretary, Home Department, Raipur (C.G.) - 2. Direetor General of Police, Police Headquarter, Raipur (C.G.) 3. Inspector General of Police, Bilaspur Range Bilaspur(C.G.) 4. Superintendent ofPolice, Bilaspur (C.G.) 5. OfBcer Incharge Police Station, Givil Lines, Bilaspur(C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTTTUTION OF INDIA SB: Hon'Ue Shri SatishK. Asnlhotri.J. Present: Smt. HamidaSiddique, Advocateforthepetitioner. Shri M.P.S.Bhatia, Deputy Government Advocate forthe State/respondents. Heard. ORDERfORAL) (Passed on 20tn day of July, 2009) 1. Leamed counsel appearing for the petitioner submits that the petitioner is aggrieved by the inaction of the police authorities as even after making complaint by fhe petitioner, the police has neither taken any steps against one Durgesh Dhare who is alleged to have committed se3{ual intercourse agaiiist the will ofthe petitioner, nor tfae police au&orities have investigated tiie matter. According to the petitioner, till date ho offence has been registered against Durgesh Dhare. 2. In this regard, law is very clear. Ifthe Police Station is not recording the urformation as referred in sub-section (1) of Section 154 of tfae Code of Crimmal Proeedure, 1973 (for short "the Cr.P.C."), complamt can be made to the Superintendent of Police of the District eoncemed. Even if the Superintendent ofPolice fails to take-any action, the complainant can take recourse to provision ofSection 190 read with Section 200 ofthe Cr.P.C. 3. In the matter of Sakin Vasu vs. State of U.P. and others^, the Hon'ble Supreme Court observed as under : •> ^ (2008) 2 SCC 409 !'^!S3i':SSS'-5:-SS..' 77^ J "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 ean 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 tlie sense that eitlier tiie FFK. 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 leamed- Magistrate concemed. If such an qiplication 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 ease where, aceordmg to the aggrieved person, no proper investigation was made. The Magistrate can also under fhe same provision monitor tfae investigation to ensure a proper mvestigation. 17. In our opinion Section 156 (3) Cr.P.C. is wide enough to include all such powers m a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. aud of ordering a proper investigationif 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." 4. Sufficient safeguards are given in the Cr.P.C., therefore, if any grievance exists, fhe petitioner may approach firstly, the Superintendent ofPolice ofthe District concemed and; thereafter, to the Court of Judicial Magistrate under the provisions of Seetion 190 read with Sections 200 to 203 and other provisions ofthe Cr.P.C. 5. In view ofthe above, without e3q)ressing any opinion on the merits ofthe case, the petition stands disposed of -./^-fc-?--^''^ ...Sd/-. . ? SatishK.Agmhotrl Judge A<. • "<--s==^,,: ..-.:- -1----" ' "'n iAiBatl