Excelsior Correspondent
Srinagar, Aug 20: High Court said a person should approach Police for lodging FIR and carrying investigation of any incident and if the grievance still persists then concerned Magistrate can be approached before approaching the High Court.
Dismissing a petition seeking a direction to Director General of Police for registration of FIR and carrying investigation in a case, Justice Tashi Rabstan said the person has to first approach the Police officer of SSP rank or other officer for such grievance and in case his grievance is not met out then he can approach concerned Magistrate for such purpose before approaching High Court.
“Although Section 156 (3) is very briefly worded, there is an implied power in the Magistrate to order registration of a criminal offence and/or to direct the officer incharge of concerned Police Station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same”, Court said.
Besides registering of FIR petitioner was seeking constitution of a Special Investigation Team (SIT) headed by a senior police official to investigate and file a charge sheet against accused and to provide regular status reports to the Court and Commissioner/ Secretary to Government, Home Department as also Deputy Commissioner, Baramulla to provide compensation to the family of victim for violation of fundamental rights, benefits under relevant rules and consequent costs/expenses incurred.
Court rejected to grant these reliefs to the petitioner with the observation that these reliefs claimed by petitioner in writ petition are primarily off-shoot of main relief i.e.. direction to register FIR.
Court however said for these reliefs petitioner has other alternative remedies available that he can make use of.
The case pertains to a man who wanted an FIR be registered against Police for harassing him in a civil case.
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