2010 (4) TMI 1216

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....ppellant : Shanti Bhushan, Sr. Adv., R.N. Dhorde, T.M. Kanawade, M.Y. Deshmukh, Advs. for Rameshwar Prasad Goyal, Adv. For the Respondent : Ram Jethmalani, Sushil Kumar, Sr. Advs., Arun Kanade, P.R. Mala, Syed Mazag Andrabi, Advs. for Rajnish Prasad, Adv., Arun R. Pednekar, Sanjay Kharde, Advs. for Asha Gopalan Nair, Adv., Jayant Bhushan, Sr. Adv. and Jitendra Kumar, Adv. ORDER 1. Leave granted....

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....t his F.I.R. has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court Under Article 226 of the Constitution of India, but to approach the concerned Magistrate Under Section 156(3), Code of Criminal Procedure. If such an application Under Section 156(3), Code of Criminal Procedure....

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....ns. Hence, we have held that the complainant must avail of his alternate remedy to approach the concerned Magistrate Under Section 156(3), Code of Criminal Procedure, and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation. 9. In view ....