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TMI Blog2020 (4) TMI 830X X X X Extracts X X X X X X X X Extracts X X X X ..... he complaint dated 18.09.2008 and after investigation file the final report in accordance with law. 2. Aggrieved, Mr. M. Subramaniam and Mr. R.V. Prasanna Venkatesan who were not even made parties to the aforesaid Criminal O.P. (MD) No. 11620 of 2009 have filed the present petition under Article 136 of the Constitution of India. By order dated 12.03.2010, the permission to file Special Leave Petition was granted and notice was issued. On considering the facts and Criminal Appeal No. 102 of 2011 Page 1 of 8 assertions made, it was directed that in the meanwhile operation of the impugned judgment would be stayed. 3. In spite of the aforesaid stay, it appears that the Inspector of Police, City Crime Branch, K.K. Nagar, Trichy on 05.04.2010 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int is intended only to wreak vengeance in view of the civil dispute, which is pending between the parties. The first respondent, it is alleged, was removed from service as she was found guilty of fraud and forgery. 5. While it is not possible to accept the contention of the appellants on the question of locus standi, we are inclined to accept the contention that the High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report in view of the judgment of this Court in Sakiri Vasu v. State Of Uttar Pradesh And Others (2008) 2 SCC 409 in which it has been inter alia held as under: "11. In this connection we would like to state that if a person has a grievance that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigation under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complainant because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter." 13. The same view was taken by this Court in Dilawar Singh v. State of Delhi (JT vide para 17). We would further clarify that even if an FIR has been registered and even if the police has mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17. In our opinion Section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) CrPC, though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation. 18. It is well settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for registration of the first information report or praying for a proper investigation. 3. We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation. 4. In view of the settled position in Sakiri Vasu case, the impugned judgment of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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