High Court Punjab-Haryana High Court

Balwinder Singh vs State Of Punjab And Others on 18 March, 2009

Punjab-Haryana High Court
Balwinder Singh vs State Of Punjab And Others on 18 March, 2009
      In the High Court of Punjab and Haryana at Chandigarh


                       Criminal Misc. No.M-7496 of 2009 (O&M)
                       Date of decision: 18.3.2009


Balwinder Singh

                                                       ......Petitioner

                       Versus



State of Punjab and others

                                                    .......Respondents


CORAM: HON'BLE MRS. JUSTICE SABINA


Present:   Mr.NPS Mann , Advocate,
           for the petitioners.
                 ****

SABINA, J.

Balwinder Singh-petitioner has filed this petition under

Section 482 of the Code of Criminal Procedure for issuance of

directions to respondent No.2 for registering a criminal case against

respondent No.4 as per the provisions of Section 406/420 of the

Indian Penal Code for committing cheating with him and also for

criminal breach of trust, by way of misusing the process of Court.

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
Criminal Misc. No.M-7496 of 2009 (O&M) -2-

concerned police station to hold a proper investigation

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.
Criminal Misc. No.M-7496 of 2009 (O&M) -3-

instead of rushing to the High Court by way of a writ

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 petitioner has sought registration of a criminal

case, this petition is dismissed.

The petitioner, if so advised, may approach the

Magistrate under Section 156 (3) Cr.P.C.

(SABINA)
JUDGE
March 18, 2009
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