MD AJIJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that the police authorities, even after registering F.I.R. against the accused persons, the challan has not been filed and the police authorities are not proceeding with the matter.

(2.) BE that as it may, section 190 of the Code of Criminal Procedure, 1973 (for short 'the Code, 1973') provides for redressal of grievance in such a case wherein the petitioner can make a complaint to the Magistrate to take cognizance of the offence and further, under section 156(3) of the Code, 1973, the Magistrate is fully empowered to order an investigation as mentioned in other provisions of section 156 of the Code, 1973. Thus, on the basis of documents produced by the petitioner, it would not be proper for this Court to make any direction when the effective remedy of approaching to the Magistrate under the above stated provisions of law, is available. If there is undue delay on the part of the police authorities in investigation of the matter, that can also be directed by the Magistrate. The power of the Magistrate under section 156(3) of the Code, 1973 to order such investigation, as empowered under section 190 of the Code, 1973 includes a direction to investigate the matter within a reasonable time without causing undue delay, on receiving a complaint for slow and undue delay in the investigation.