PREETI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition seeks a direction to the respondents-State to ensure proper investigation whereby they be directed to lodge FIR in the present matter under the relevant provisions envisaged in the Indian Penal Code relating to the outraging of the modesty and chastity of a woman, sexual assault on a woman, disrobing a woman, attempt to commit rape on a woman etc. along with the offences as provided under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 i.e. commission of atrocities by a member of Non-Scheduled Caste on any person belonging to Scheduled Caste by way of causing injury, insult or annoyance, forcibly removing clothes, assault or using force with intent to dishonour or outraging modesty of a Scheduled Caste person etc.

(2.) It is by now well settled that if a person has grievance that FIR has not been registered by the police or having been registered, proper investigation has not been done, then the remedy of the aggrieved person is not to come to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) Cr.P.C.

(3.) This was so held by the Hon'ble Supreme Court in Sakiri Vasu vs. State of Uttar Pradesh and others, 2008 2 SCC 409 which judgment was followed by two Hon'ble Judges Bench of the Hon'ble Supreme Court in Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and others, 2016 6 SCC 277 and both these judgments in turn have now been followed by three Hon'ble Judges Bench in M.Subramaniam and another vs. S.Janaki and another, 2020 2 RCR(Cri) 788 wherein it has been observed as under: