W.P.(CRL)/774/2017 of VIVEK CHANDRA Vs THE STATE (GOVT. OF NCT OF DELHI) & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 774/2017VIVEK CHANDRA..... PetitionerVIVEK CHANDRA..... Petitioner

..... Petitioner

Through:Mr. S.N. Bhardwaj and Ms. HarshaRani, Advs.

versus

THE STATE (GOVT. OF NCT OF DELHI) & ORS...... RespondentsThrough:Mr. Sanjay Lao, ASC for the Statewith Mr. Siddarth Sindhu, Adv. alongwith SHO/Insp. Suman Kumar andASI Braham Pal, P.S. IGIA Metro.Through:Mr. Sanjay Lao, ASC for the Statewith Mr. Siddarth Sindhu, Adv. alongwith SHO/Insp. Suman Kumar andASI Braham Pal, P.S. IGIA Metro.

CORAM:HON'BLE MR. JUSTICE A.K. PATHAKO R R%10.03.2017

By this petition, petitioner seeks registration of FIR against the

respondent nos. 3 to 8. In Sakiri Vasu Vs. State of U.P. and Others, AIR2008 SC 907, Supreme Court has held as under:-

“24. In view of the abovementioned legal position, weare of the view that althoughSection 156(3)is verybriefly worded, there is an implied power in theMagistrate underSection156(3)Cr.P.C. to orderregistration of criminal offence and /or to direct theofficer in charge of the concerned police station toholdaproperinvestigationandtakeallsuchnecessary steps that may be necessary for ensuring aproper investigation including monitoring the same.Even though these powers have not been expresslymentioned inSection 156(3)Cr.P.C., we are of theopinion that they are implied in the above provision.25. We have elaborated on the above matter becausewe often find that when someone has grievance thathis FIR has not been registered at the police station

and/or proper investigation is not being done by thepolice, he rushes to the High Court to file writpetition or petition underSection 482Cr.P.C. Weare of the opinion that the High Court should notencourage this practice and should ordinarily refuse tointerfere in such matters, and relegate the petitioner tohisalternatingremedy,firstlyunderSection154(3)andSection 36Cr.P.C. before the concernedpolice officers, and if that is of no avail, byapproaching the concerned Magistrate underSection156(3).

26. If person has grievance that his FIR has notbeen registered by the police station his first remedyis to approach the Superintendent of Police underSection 154(3) Cr.P.C. or other police officer referredto in Section 36 Cr.P.C. If despite approaching theSuperintendent of Police or the officer referred to inSection 36 his grievance still persists, then he canapproach Magistrate under Section 156(3) Cr.P.C.instead of rushing to the High Court by way of writpetition or petition under Section 482 Cr.P.C.Moreover he has further remedy of filing criminalcomplaint under Section 200 Cr.P.C. Why thenshould writ petitions or Section 482 petitions beentertained when there are so many alternativeremedies?”

For the foregoing reasons, I am not inclined to entertain this writ

petition and the same is dismissed. However, petitioner is at liberty to availthe alternate remedies as may be available to him under the law.Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

MARCH 10, 2017/ga