Any citation regarding my case
noor
(Querist) 16 September 2011
This query is : Resolved
hello sir i am agree with u but sir one problem is there already my case was register in police station but the SHO of ps showing that that is accident case but it is murder case where i filed private complained under 200 crpc court directed to ps to re investigate the my matter but same as police station praying that kindly this case reffer to any other police station when i ask same then court say to me any do u have relevant order like that the court can refer this matter to any other police station that why am requesting u to if u have any information about like my case or any judgment from supreme court kindly pass me am thanks full to u am challenging this case already this i approach to high court court directed me to court have power under 356(3) crpc kindly help me the high court order is like that
WRIT PETITION No.20560 of 2010
Date: August 20, 2010
Between:
B. Pushpavathi. … Petitioner
And
1. The Commissioner of Police,
Hyderabad Twin Cities,
Basheerbagh, Hyderabad
and 4 others. … Respondents
* * *
HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.20560 of 2010
ORDER:
The complaint in this writ petition is with regard to the inaction of the Inspector of Police, Kanchanbagh P.S. Hyderabad in investigating Crime No.287 of 2006.
2. It appears that the said crime was registered on the basis of a private complaint filed by the petitioner before the VII Additional Chief Metropolitan Magistrate, Hyderabad. By proceedings dated 27.4.2010, the Inspector of Police, Kanchanbagh P.S, Hyderabad requested the Court of the VII Additional Chief Metropolitan Magistrate at Hyderabad to forward the petitioner’s complaint for investigation to some other police station. The petitioner seeks a direction to the same effect, as she wants her complaint to be referred to a special investigating agency or to the CBCID.
3. Lapses on the part of the police in investigating an offence are ordinarily not amenable to review by this Court in a writ petition, in the first instance. The proper course for the complainant in such a case is to approach the Magistrate concerned under Section 156 (3) of Code of the Criminal Procedure.
4. As pointed out by the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh[1] the Magistrate is empowered to monitor the investigative process so as to obtain proper investigation in the matter. In the present case, the VII Additional Chief Metropolitan Magistrate, Hyderabad is already seized of the matter and directed investigation exercising powers under Section 156 (3) Cr.P.C. Therefore, the proper course for the petitioner would be to pursue her remedies before the Magistrate.
5. Needless to state, reference of the case to the CBCID would not be within the domain of the Magistrate and in any event, such reference even by this Court would be only in exceptional circumstances. No such situation is established in the present case. It shall therefore be open to the petitioner to pursue the matter before the Magistrate concerned, who shall take necessary steps under Section 156 (3) Cr.P.C. so as to procure a proper investigation in the matter.
6. The writ petition is closed with the afore-stated observations. There shall be no order as to costs.
___________________
SANJAY KUMAR, J
Date: August 20, 2010.
Raj Kumar Makkad
(Expert) 17 September 2011
The referred judgment itself is sufficient to conclude that magistrate can be prayed to watch the investigation but he cannot be pressed to refer the matter to some other police station. There is no contrary law to Sakiri Vasu case till date
