EVERY citizen has right to see that his complaint is properly investigated.”
Judgement further explains:
It is violation of fundamental right Art. 14 if Police do not carry fair investigation.
If you suspect police officer of making dishonest investigation, go to magistrate. It is duty of courts in India to order investigation by higher officer.
In this case a woman goes to police that her husband is kidnapped by Mr. X.
Instead of registering complaint, police gives her copy of “Missing Person Report.”
After two days, woman goes to police and informs about finding dead body of husband and gives two names who murdered her husband.
Police does not Register FIR but passes information to Mr. X who had kidnapped husband.
After two days thereafter, namesake FIR is registered at instance of wife but nothing further really done.
Like this case, If you also have reasons to suspect that police has joined hands with other side …..
….and is not properly investigating complaint, then an application under Cr. P.C. sec 173(8) can be made to trial court.
If the Trial Court is satisfied that investigation is really not satisfactory, it will then direct investigation by Higher Police officials and will call for a report.
If for some reason, you are not satisfied with Trial Court order you can always go to High Court and Supreme Court.
In above referred case, the woman had filed Art. 227 petition against order of Magistrate.
For exact or more details look at actual judgement on website of Supreme Court for judgement dated 12.01.12 Azija Vs State of Maharashtra also reported in 2012(1)SCALE page 328
in Criminal appeal No. 126 of 2012