Judgment:
The Court :- Counsel has submitted that the petitioner in this art.226 petition needs orders for two purposes: for directing the police to make proper investigation on the basis of the FIR already registered; and for directing the police to give the petitioner necessary protection so that he may enter his shop on the strength of the interim order made by the Company Law Board.
As to investigation, I am of the view that if the petitioner has any reason to say that the investigating officer has not been investigating the matter properly, then he should bring the matter to the notice of the Magistrate concerned. There is no reason for the High Court to exercise power under art.226 for monitoring the investigation, if it is still in progress. In so far as the question of police protection is concerned, it is not the case that in spite of order of the Company Law Board directing the police to give the petitioner necessary protection so that he may enter the shop in question, the police have failed and neglected to execute the order. Admittedly, alleging violation of the interim order of the Company Law Board the petitioner has initiated contempt proceedings which are pending before the Board, and the Board has not made any order directing the police to do anything for any purpose.
In my opinion, the petitioners remedy, if any, is before the Board where the proceedings concerned are pending. He is not entitled to any relief from the High Court under art.226. For these reasons, the petition is dismissed.
No costs. Certified Xerox.