IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc M- 9657 of 2009
Date of decision: 15.4.2009
Daljit Singh ...Petitioner
Versus
State of Haryana and ors ...Respondents
Present: Mr Jagdish Manchanda, Advocate for the petitioner.
S.S.SARON, J.
This petition under Section 482 CrPC has been filed for
directing respondents-2 and 3 to take action against respondents-4 to 6 as
they have cheated the petitioner and his brother – Jasbir Singh. Besides,
they have misappropriated the money and lodged false FIR against the
brother of the petitioner.
After hearing learned counsel for the petitioner and perusing
the record, it may be noticed that the primary grievances of the petitioner is
for registration of a FIR. In this regard, it may be noticed that the Supreme
Court in Aleque Padamsee and others v. Union of India and others, (2007) 6
SCC 171 (SC) observed that the correct position in law is that the Police
officials are to register a FIR whenever the facts brought to the notice show
that cognizable offence has been made out. In case the Police officials
failed to do so, the modalities to be adopted are set out in Section 190 read
with Section 200 Cr.P.C. Therefore, if a person is aggrieved by the inaction
Cr Misc M-9657 of 2009 2
of the Police officials in registering the FIR, the modalities contained in
Section 190 read with Section 200 Cr.P.C are to be adopted and followed.
In Sakiri Vasu v. State of U.P. and others, 2008 (1) RCR (Cr.)
392 (SC) it was observed by the Supreme Court that if a person has a
grievance that the police station is not registering his FIR under Section 154
Cr.P.C., then he can approach the Superintendent of Police under Section
154(3) Cr.P.C. by an application in writing. Even if that does not lead to
any satisfactory result in the sense that either the FIR is not registered or
even after registering it no proper investigation is held, it is open to the
aggrieved person to file such application under Section 156 (3) Cr.P.C.
before the learned Magistrate concerned. If such an application under
Section 156(3) Cr.P.C. is filed before the Magistrate, the Magistrate can
direct the FIR to be registered and can also direct proper investigation to be
made in a case where, according to the aggrieved person, no proper
investigation was made. However, the petition under Section 482 Cr.P.C.
for directing the registration of a FIR is to be done only in some rare and
some exceptional cases.
In the present case, the petitioner has his remedy of
approaching the Magistrate in case there is any inaction on the part of the
Police in not registering the FIR. The present is not a case which would
warrant the issuance of directions by this Court for registration of a FIR.
In the circumstances, the petitioner if so advised, may avail his
other remedies as available to him in accordance with law. The criminal
miscellaneous petition is accordingly disposed of.
15.4.2009. ( S.S.SARON ) ASR Judge