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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 direction of the High Court for registration of the FIR and investigation into the matter by the police, is set aside. At the same time, our order would not be an impediment in the way of the first respondent filing documents and papers with the police pursuant to the complaint dated 18.09.2008 and the police on being satisfied that a criminal offence is made out would have liberty to register an FIR - appeal allowed in part. - CRIMINAL APPEAL NO. 102 OF 2011 - - - Dated:- 20-3-2020 - N.V. RAMANA, MOHAN M. SHANTANAGOUDAR AND SANJIV KHANNA, JJ. For the Appellant : Mr. S. R. Setia, AOR For the Respondent : Mr. K. K. Mani, AO, Mr. M. Yogesh Kanna, AOR, Mr. Raja Rajeshwaran S., Adv. ORDER The impugned order dated 06.01 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents. By this order, the petition was partly allowed with the direction that the aforesaid case registered as Crime No. 7 of 2010 will be treated as closed. In the event of this Court dismissing the present S.L.P., the police would proceed with the investigation in Crime No. 7 of 2010 and take it to its logical conclusion by either filing charge-sheet or a final closure report as the case may be. It stands specifically directed that the police would not proceed further with the investigation till the decision of the present S.L.P. 4. As per the appellants, the first respondent was one of the trustees in ADS Educational Trust which was founded in 1985 for the purposes of giving and promoting education. The trust had started Sri An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate concerned. If such an application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also 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. 12. Thus in Mohd. Yousuf v. Afaq Jahan this Court observed: (SCC p. 631, para 11) 11. The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... states: 156. (3) Any Magistrate empowered under Section 190 may order such an investigation as abovementioned. The words as abovementioned obviously refer to Section 156(1), which contemplates investigation by the officer in charge of the police station. 15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII CrPC. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same. 16. The power in the Magistrate to order further investigation under Section 156(3) is an independent power and does n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been followed in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and Others (2016) 6 SCC 277, in which it is observed. 2. 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) CrPC. If such an application under Section 156(3) CrPC 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 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is the job of the police). Parties may produce any material they wish before the Magistrate concerned. The learned Magistrate shall be uninfluenced by any observation in the impugned order of the High Court. 7. We are also surprised and concerned at the registration of the FIR in Crime No. 7 of 2010, notwithstanding, the stay order passed by this Court while issuing notice by which the operation of the impugned judgment was directed to remain stayed. 8. In these circumstances, we would allow the present appeal and set aside the direction of the High Court for registration of the FIR and investigation into the matter by the police. At the same time, our order would not be an impediment in the way of the first respondent filing docum ..... X X X X Extracts X X X X X X X X Extracts X X X X
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