Punjab-Haryana High Court
Rajbir vs State Of Haryana And Others on 13 September, 2022
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
CRM-M-41899-2022 - 1-
112 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-41899-2022
DECIDED ON:13th SEPTEMBER, 2022
RAJBIR
.....PETITIONER
VERSUS
STATE OF HARYANA AND OTHERS
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Jagjeet Singh, Advocate
for the petitioner.
***
SANDEEP MOUDGIL, J The instant petition has been filed under Section 482 Cr.P.C. for issuance of directions to official respondents to register FIR against respondent No.1 under Sections 279, 304-A and 337 IPC at Police Station Hansi Sadar (Hisar) in respect of road side accident dated 21.10.2015 at Village Dhana Kalan (Hansi, Hisar).
Learned counsel for the petitioner submits that Amit son of the petitioner died on 10.11.2015 due to the injuries sustained in a road side accident near the gate of Rao Tula Ram Stadium, Dhana Kalan in collision with pick up dala bearing registration No. HR-62-8205 and Bajaj CD Deluxe- 100 bearing registration No. HR-15-8269 on 21.10.2015 at about 8.15 PM.
He further submits that only General Diary Entry was registered but statement of the petitioner was not recorded prior to completion of preliminary enquiry. Earlier, petitioner has moved an application dated 1 of 4 ::: Downloaded on - 30-12-2022 17:05:36 ::: CRM-M-41899-2022 - 2- 07.12.2015 before the respondent No.3 to register FIR against respondent No.1, thereafter, he moved two applications to the Senior Superintendent of Police, Hisar for registration of FIR but till date no FIR has been registered. Accordingly, he prays that a direction be issued to the official respondents to register FIR against respondent No.1.
The petitioner instead of availing legal remedies, is before this Court for issuance of directions to the official respondents.
The Supreme Court has dealt with similar issue in following judgments:-
In Sakiri Vasu Versus State of U.P. and others, (2008) 2 SCC 409, held as under:-
"25. We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a petition under Section 482 Criminal Procedure Code We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, firstly under Section 154(3) and Section 36 Criminal Procedure Code before the concerned police officers, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3).
26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Criminal Procedure Code or other police officer referred to in Section 36 Criminal Procedure Code If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Criminal Procedure Code instead of 2 of 4 ::: Downloaded on - 30-12-2022 17:05:36 ::: CRM-M-41899-2022 - 3- rushing to the High Court by way of a writ petition or a petition under Section 482 Criminal Procedure Code Moreover he has a further remedy of filing a criminal complaint under Section 200 Criminal Procedure Code Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies ?
27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Criminal Procedure Code simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Criminal Procedure Code before the Magistrate or by filing a criminal complaint under Section 200 Criminal Procedure Code and not by filing a writ petition or a petition under Section 482 Criminal Procedure Code."
In M. Subramaniam and another Versus S. Janaki and another, (2020) 2 R.C.R. (Criminal) 788, held as under:-
5. (11 to 14) XX XX XX "15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII CrPC. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same.
16. The power in the Magistrate to order further investigation under Section 156(3) is an independent power and does not affect the power of the investigating officer to further investigate the 3 of 4 ::: Downloaded on - 30-12-2022 17:05:36 ::: CRM-M-41899-2022 - 4-
case even after submission of his report vide Section 173(8). Hence the Magistrate can order reopening of the investigation even after the police submits the final report, vide State of Bihar v. J.A.C. Saldanha (SCC : AIR para 19).
17. In our opinion Section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) CrPC, though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation.
18. It is well settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective. Thus where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary for its execution." Under the Cr.P.C. not only the remedies but complete machinery is provided. Though the alternative remedy is not an absolute bar but no case is made out for carving out an exception in the present case to interfere under Section 482 of Cr.P.C.
In view of discussions made hereinabove, the present petition is dismissed being devoid of any merit.
(SANDEEP MOUDGIL)
th
13 SEPTEMBER, 2022 JUDGE
sham
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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