K R PRABHAKARAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) CHIEF Justice: this writ appeal has been filed against the impugned judgment of the learned single Judge dated 5. 11. 2004. We have heard learned counsel for the appellant and perused the records.

(2.) THE petitioner/appellant filed a writ petition for a direction to the Commissioner of Police, Egmore, Chennai-8 to investigate the complaint given by the petitioner on 21. 8. 2004. The grievance of the petitioner was that although he had given a complaint to the police, it has not been properly investigated.

(3.) IN our opinion, if it is alleged that a crime has been committed and some one goes to file an F. I. R. , and either the F. I. R. is not lodged at the police station, or, having been lodged, it is alleged that proper investigation is not being done by the police, then the remedy of the complainant is to make an application under section 156 (3) Cr. P. C. before the Magistrate mentioning all these facts, and it is open to the Magistrate to direct the police to lodge the FIR and/or to do a proper investigation of the alleged crime. The Magistrate can also pass suitable directions to monitor the investigation if he thinks that it has not been properly held. Hence, in our opinion, the complainant has an equally efficacious remedy under section 156 (3) Cr. P. C. to file a suitable application before the Magistrate. Apart from that he has also another alternative remedy of filing a private complaint under section 200 Cr. P. C. In view of these alternative remedies it is not a fit case for exercising our writ jurisdiction. The writ appeal is, therefore, dismissed. No costs. Consequently WAMP No. 707 of 2005 is also dismissed.