Punjab-Haryana High Court
Subedar Jagir Singh And Another vs State Of Punjab And Others on 25 July, 2011
Author: Sabina
Bench: Sabina
Criminal Misc. No.M-22245 of 2011 (O&M) 1
In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-22245 of 2011 (O&M)
Date of decision: 25.7.2011
Subedar Jagir Singh and another
......Petitioners
Versus
State of Punjab and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.R.S.Bains , Advocate,
for the petitioners.
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SABINA, J.
By way of this petition filed under Section 482 of the Code of Criminal Procedure, petitioners have primarily sought directions to respondent No.1 to 4 for taking legal action against respondent No. 5 and 6.
It has been held by the Apex Court in Sakiri Vasu vs. State of U.P. and others, 2008 (1) RCR (Criminal) 392 as under:-
"24. In view of the above mentioned legal position, we are of the view that although Section 156(3) is very briefly worded, there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and/or to direct the officer in charge of the concerned police station to hold a proper investigation Criminal Misc. No.M-22245 of 2011 (O&M) 2 and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3) Cr.P.C., we are of the opinion that they are implied in the above provision.
25.We have elaborated on the above matter because we often find that when some one 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 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relagate the petitioner to his alternating remedy, firstly under Section 154 (3) and Section 36 Cr.P.C. 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) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. 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) Cr.P.C. instead of rushing to the High Court by way of a writ Criminal Misc. No.M-22245 of 2011 (O&M) 3 petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies ?"
Since, the petitioners are seeking direction for registration of FIR, no ground for interference is made out in view of decision of Apex Court in Sakiri Vasu's case (Supra).
Dismissed.
(SABINA) JUDGE July 25, 2011 anita