MAHABIR SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner has prayed that a writ of mandamus be issued to respondent Nos. 1 and 2, namely, the Commissioner of Police, SHO, Greater Kailash, Part-I, New Delhi to register a case against respondent Nos. 3 and 4 and then take cognizance for alleged illegal acts of theft of a car and various other alleged crimes.

(2.) In our opinion the petitioner has an alternative remedy of approaching the Magistrate concerned under Section 156(3) of Cr.P.C. in this connection.

(3.) As held by the Supreme Court in I (2006) SLT 120=I (2006) CCR 1 (SC)=JT 2006 (1) SC 10, Mohd. Yousuf v. Smt Afaq Jahan and Anr., AIR 1980 SC 1883, H.S. Bains v. The State (Union Territory ofChandigarh, the Magistrate has got adequate powers to direct registration of an FIR by the police, if it has not been registered. If the FIR has been registered by the police, and the grievance is that a proper investigation has not been done by the police, then again under Section 156(3), Cr.P.C., the Magistrate, if satisfied can direct a proper investigation to be made and can also monitor the investigation.