W.P. No.14956/2008
4.5.2010
Shri Arvind Chouksey, Advocate for the petitioner.
Shri S.K. Kashyap, Dy. Govt. Advocate for respondents 1
to 4.
Heard on admission.
The petitioner, by this writ petition under Article 226 of the
Constitution of India, is praying for fresh investigation in the
report lodged by his daughter i.e. respondent No.6 by an Officer
not below the rank of Dy. Superintendent of Police.
2. The daughter of the petitioner has lodged a report in Police
Station, Lour, District, Rewa on which a case under Section 376
and 506, IPC has been registered against the petitioner vide
Crime No.153/2008. The prosecutrix has sent for medical
examination and prima facie case has been made out against the
petitioner.
3. The sole contention of learned counsel for the petitioner is
that a false case has been registered against the petitioner
whereas he has not been involved in the alleged offence. In
support of the said contention, he drew my attention to the report
lodged by respondent No.6.
4. If a person has a grievance that false case has been
registered against him and no proper investigation is held, it is
open to the aggrieved person to file an application under Section
156(3), Cr.P.C. before the learned Magistrate concerned. If
such an application under Section 156(3), Cr.P.C. is filed before
the Magistrate, the Magistrate can direct a proper investigation to
be made, in a case where, according to the aggrieved person, no
proper investigation was made. The Magistrate can also under
the same provision monitor the investigation to ensure a proper
investigation. Section 156(3) provides for a check by the
Magistrate on the Police performing its duty under Chapter XII,
Cr.P.C. In cases where the Magistrate finds that police has not
done its duty satisfactorily, he can issue a direction to the police
to do the investigation properly and can monitor the same.
5. Here in the present case, respondent No.6 in her reply
has very specifically stated that she has filed a complaint
against respondent No.5, however, under the influence of
respondent No.5, police has not taken any action against him
and she has not made any allegation against the present
petitioner.
6. Considering these facts and in case the investigation
is not completed and if no challan has been filed by the
Investigating Officer, respondent No.3 is directed to investigate
the matter under his supervision and complete the
investigation within a period of four months from the date of
receipt of certified copy of this order and to take appropriate
action in accordance with law.
7. With the aforesaid, Writ Petition No.14956/2008 is
disposed of.
(P.K. JAISWAL)
JUDGE