Smt. Jaibun Nisha vs State of U.P. and Others

S.H.A. Raza, J.—Before the 1st Additional Chief Judicial Magistrate, Sultanpur, an application u/s 156(3), was preferred by the Petitioner alleging that the Respondents 5 to 10 have committed offences but first information report was not registered at police station Kurwar, Sultanpur. The Magistrate directed the police to submit a report. The station officer reported that the allegations were totally false. Thereafter, an application preferred by the Petitioner was rejected. The Petitioner has two alternative remedies available to him, either to file a complaint u/s 200, Code of Criminal Procedure or to file a revision before the Sessions Judge. Instead of availing those alternative remedies, the Petitioner has filed the writ petition before this Court.

Section 156(3), Code of Criminal Procedure provides that a Magistrate empowered u/s 190 may order for making investigation of a case. It is not necessary for him to issue an order of investigation in each and every case before him. He will pass such an order where he thinks suitable on the basis of the allegations that the offences have been committed and the Police has not investigated the same property.

In the present case the station officer reported that the allegations in the first information report are false. The Magistrate rejected the application. Thereafter proceeding u/s 107/112, Code of Criminal Procedure have been initiated against the persons as there was an apprehension of danger to public-peace.

I am of the view that the Petitioner has not availed the alternative remedy which are available to him. This Court exercising its powers under Article 226 of the Constitution of India cannot direct the police authorities to investigate the matter. After pursuing the order passed by the Additional Chief Judicial Magistrate, I am of the view that the order could be challenged in revision or the Petitioner may file a complaint. The writ petition is accordingly dismissed. However, it will be open for the Petitioner to seek either of the alternative remedies available to him before the competent court.