Cr. MMO No. 105 of 2009 06.11.2009 Present: Mr. R.L. Chaudhary, counsel for the petitioner. Mrs. Shubh Mahajan, Deputy Advocate General, for respondent No. 1. Heard. The petitioner has filed the present petition under Section 482 Cr.P.C. seeking directions as against respondents No. 1 and 2 to investigate the complaint lodged on 31.10.2007. Briefly stated, the facts of the case are that a complaint was lodged with the police by the petitioner on 31.10.207. A Rapat was entered by the police and the medical opinion was taken in regard to the injuries sustained by the petitioner/complainant. The police concluded that since injuries in question are simple only, therefore, no FIR was registered and no further investigation was carried out. The learned counsel for the petitioner has submitted that under Section 155(2) Cr.P.C., the police officer was required to investigate the case even if it is a non-cognizable case. This provision clearly shows that no police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. There is no question of police approaching the Magistrate to seek directions to investigate a non-cognizable case and it is for the petitioner to approach the Magistrate, who may under Section 155(2) direct the police if deemed proper to investigate a non-cognizable case or in the …2… alternative, the petitioner is at liberty to file a private complaint as against the accused persons. In view of the above discussion, there is no merit in the petition filed by the petitioner, which is accordingly dismissed. In view of the orders passed in the main petition, the Misc. Application(s) pending, if any, shall also stand disposed of. November 06, 2009 ( V.K. Ahuja ), J. (BSS)