This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court Under Article 226 of the Constitution of India, but to approach the Magistrate concerned Under Section 156(3) Code of Criminal Procedure. If such an application Under Section 156(3) Code of Criminal Procedure is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 102 of 2011
Decided On: 20.03.2020
M. Subramaniam Vs. S. Janaki
Hon’ble Judges/Coram:
N.V. Ramana, Mohan M. Shantanagoudar and Sanjiv Khanna, JJ.