In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-3998 of 2009 (O&M)
Date of decision: 12.2.2009
Duni Chand and others
......Petitioners
Versus
SSP Ferozepur and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.S.S.Brar, Advocate,
for the petitioners.
****
SABINA, J.
The petitioners have filed this petition under Section 482
of the Code of Criminal Procedure for issuance of directions to
respondent Nos. 1 to 3 to register FIR against the private
respondents under the appropriate provisions of law for having
committed serious offence of fabricating false documents, tempering
with the record, trespassing and also threatening them for being
eliminated.
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
Crl. Misc. No. M- 3998 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.
Crl. Misc. No. M- 3998 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 ?”
Accordingly, this petition is dismissed.
The petitioners, if so advised, may approach the
Magistrate under Section 156 (3) Cr.P.C.
(SABINA)
JUDGE
February 12, 2009
anita