THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.10727 OF 2010 DATED 14TH JULY, 2010 BETWEEN G.Manoharlal … Petitioners AND Sub-Inspector of Police, Bowenpalli Police Station, Secunderabad, Hyderabad, And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.10727 OF 2010 O R D E R The grievance of the petitioner is with regard to the inaction of the Police Authorities in investigating into the case, filing a charge sheet against respondents 4 to 6 and arresting them in connection with Crime No.196 of 2009 on the file of the Bowenpalli Police Station, Secunderabad. The Supreme Court, in SAKIRI VASU V/s. STATE OF U.P.[1], held that a writ petition under Article 226 of the Constitution or a petition under Section 482 of the Code of Criminal Procedure is not the proper remedy in cases where the complaint is that the Police Authorities have not registered a crime, or have failed to take up investigation, or are conducting such investigation improperly. The proper course in such cases would be for the complainant to approach the concerned Superintendent of Police under Section 154(3) or the Magistrate concerned under Section 156(3) of the Code of Criminal Procedure. The power of the Magistrate under Section 156(3) is not curtailed or restricted only to cases which have been referred by him to the Police for investigation. The observations of the Supreme Court in the aforestated case in this regard are of guidance: “In our opinion 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 an 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. Section 156(3) CrPC, 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.” The Writ Petition is accordingly dismissed leaving it open to the petitioner to avail the appropriate remedy under the Code of Criminal Procedure. No costs. ---------------------------- SANJAY KUMAR, J. 14TH JULY, 2010 PGS/VGSR [1] (2008) 2 SCC 409