MULAKH RAJ Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This petition has been filed under Section 482 CrPC for directing respondents-2 to 5 to investigate case FIR 54 dated 27.4.2010 registered at PS Sadar, Pathankot, District Gurdaspur, for the offences under Sections 454 and 380 IPC through a higher rank Police official not below the rank of a DSP.

(2.) Learned Counsel for the petitioner submits that the petitioner is owner of MGM College situated in village Jhakholahri, Tehsil Pathankot, District Gurdaspur. His residence is opposite the college on the other side of the Amritsar-GT Road leading to Pathankot. On 27.4.2010 when the petitioner had gone out along with his two children and his wife to some relatives, then in their absence a theft was committed at their house. The petitioner came to know of the theft when he returned home in the evening along with his daughter Daljit Kaur. The matter was reported to the Police and a FIR (P1) has been registered. It is submitted that the petitioner has been requesting the Police officials to take action against the accused persons i.e. respondents-6 and 7; however, there has been complete inaction on the part of the Police.

(3.) After giving my thoughtful consideration to the matter, it may be noticed that the primary grievance of the petitioner is that the Police is not investigating the case effectively and is not proceeding against the accused persons. In this regard, it may be noticed that in Sakiri Vasu v. State of UP and Ors., 2008 1 RCR(Cri) 392, it was observed by the Supreme Court that 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 a 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. Even in State of Haryana v. Ch Bhajan Lal, 1992 AIR(SC) 604, it has been observed that a Magistrate is kept in the picture at all stages of the Police investigation although he is not authorized to interfere with the actual investigation or to direct the Police how the investigation is to be conducted. However, in case the investigating authorities transgress the circumscribed limits of their jurisdiction and improperly and illegally exercise their investigatory powers in breach of any statutory provision causing serious prejudice to the personal liberty and also property of a citizen, then the Court on being approached by the person aggrieved for the redressal of any grievance has to consider the nature and extent of the breach and pass appropriate orders as may be called for without leaving the citizens to the mercy of Police echelons since human dignity is a dear value of our Constitution.