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1 - 10 of 33 (0.47 seconds)The Code of Criminal Procedure, 1973
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 190 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 36 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 32 in Constitution of India [Constitution]
State Of West Bengal & Ors vs Durbar Mahila Samanwaya Committee & Ors on 26 September, 2013
35. Heavy reliance is placed on State of West Bengal others v.
Committee for Protection of Democratic Rights, West Bengal and
others (cited supra) to contend that right of victim flows from Article 21
of the Constitution of India and whenever Fundamental Rights are
violated aggrieved person can invoke the jurisdiction of this Court and
writ petition cannot be dismissed on the ground of availability of
alternative remedy.
Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007
AIR 2008 SC 907] , that if a person has a grievance that his FIR
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 Magistrate
concerned under Section 156(3) CrPC. If such an application
under Section 156(3) CrPC is made and the Magistrate is, prima
facie, satisfied, he can direct the FIR to be registered, or if it has
already been registered, he can direct proper investigation to be
done which includes in his discretion, if he deems it necessary,
recommending change of the investigating officer, so that a
proper investigation is done in the matter. We have said this in
Sakiri Vasu case [Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 :
(2008) 1 SCC (Cri) 440 : AIR 2008 SC 907] because what we have
found in this country is that the High Courts have been flooded
with writ petitions praying for registration of the first information
report or praying for a proper investigation.