' Learned counsel has, in support of this petition for registration of a case at the instance of the petitioner for offences under section 3630661376/368, P. P. C., contended that it is an exceptional case in which although the local police is not going to help the petitioner and has already refused so do so ; if the direction is made by the High Court for registration of the case the petitioner would get the investigation transferred from the local police to the Crimes Branch. When questioned as to how it will be done, learned counsel states that as and when the High Court makes such a direction the petitioner will take such direction to the Inspector-General of Police Lind he might change the investigation. If the learned counsel is hopeful of the I. G. Changing the investigation on the asking of the petitioner there is no reason why the I. G. Should not have been approached for a direction for the registration of the case. Otherwise too, I am not sure whether the procedure visualized by the learned counsel is possible. Immediately on a direction given by the High Court, the S. H.
0. Would be bound to register the case. The High Court cannot, while directing registration, prohibit the S. H.
0. From investigating the case nor this Court has jurisdiction to transfer the investigation. If the S. H.
0. Is inimical to the petitioner on account of an interest in the accused persons, he is likely to spoil the case of the petitioner even in the first few ziminis which he would be bound to record immediately after the registration of the case. Several complaints have been made to this Court after a direction for registration of case in the form of subsequently writ petitions and contempt applications that in such like cases the police tried to spoil the case of the complainant as a measure of revenge. Correction during investigation then becomes impossible. In the circumstances like those explained by the learned counsel. The remedy by filing a "complaint" directly before the Magistrate is more effective and efficacious. While on the one hand if a can is registered the investigation remains in the hands of the opponents of the complainant including a prejudiced police officer, on the other hand, the control of the prosecution through a preliminary enquiry by a Magistrate remains in the hands of the complainant and the counsel conducting the case. The difficulty often expressed with regard to a Magistrate dealing with such like cases, is regarding some functions which the police can perform during the investigation. For example, in this case also learned counsel has pointed out that during alleged rape committed on the petitioner by several persons, she was forced to thumb mark some documents and according to the learned counsel it would be possible only for the police to recover those documents and produce them in Court as corroboratory pieces of evidence. There is nothing in this connection which the police can do and which the Magistrate cannot get it done through the police under his own direction and control. The Criminal Procedure Code gives vast powers to a Magistrate, when dealing with the criminal trial at the enquiry stage.
2. After hearing the learned counsel I am not satisfied that in the circumstances like the present, the remedy by way of complaint before the Ilaqa Magistrate is not more efficacious than a direction to the police for registration of the case. With these observations this petition is dismissed in limine.