Section 156(3) CrPC remains the proper route for FIR registration and investigation where complaints allege non-registration.

When a complaint alleges non-registration of an FIR or deficient investigation, the aggrieved person should ordinarily invoke the Magistrate's power under Section 156(3) CrPC, which can direct registration of the FIR, order proper investigation, and monitor it if necessary. The High Court should not bypass that statutory remedy by issuing such directions in writ or supervisory jurisdiction. The existence of a civil dispute does not by itself bar criminal investigation where cognizable offences are disclosed, although a civil dispute should not be given a criminal colour. The SC therefore set aside the High Court's direction to register an FIR and leave the parties to the statutory remedy.

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Issues: Whether the High Court could direct registration of an FIR and investigation by the police, or whether the complainant ought to have been relegated to the remedy before the Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973.

Analysis: The settled position is that when a grievance is raised about non-registration of an FIR, or about improper investigation after registration, the aggrieved person may approach the Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973. That provision enables the Magistrate to direct registration of an FIR, order proper investigation, and monitor the investigation if necessary. The High Court ought not to bypass this statutory mechanism by issuing such directions in writ or supervisory jurisdiction. The existence of a civil dispute does not by itself preclude registration or investigation if the complaint discloses a cognizable offence, though a civil dispute should not be given a criminal colour. The Court also noted the impropriety of proceeding with the FIR despite the subsisting stay.

Conclusion: The direction of the High Court to register an FIR and have the police investigate was set aside, and the parties were left to pursue the statutory remedy before the Magistrate or to place materials before the police as permissible.

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