ASLAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE prayer of the petitioners made in paragraph No. 1 of the writ petition is as under: - -

(2.) IT would appear from the record that till date the petitioners have not approached the S.H.O. of the concerned Police Station for institution of F.I.R. in terms of section 154(1) of the Code of Criminal Procedure (hereinafter referred to as "the Code").

(3.) IT is to be noted here that in case any person is aggrieved by a refusal on the part of the Superintendent of Police to take action in terms of section 154(3) of the Code, he may file a complaint before the Magistrate concerned under sections 190 and 200 of the Code and in such case the Magistrate would have an option either to enquire into the matter himself or refer the same to the police for investigation under section 156(3) of the Code.