IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-2841 of 2009 (O&M)
Date of Decision: January 30 , 2009
Harjinder Kaur ...........Petitioner
Versus
State of Punjab and others ..........Respondents
Coram: Hon'ble Mrs.Justice Sabina
Present: Mr. Sukhjit Singh, Advocate for the petitioner.
Mr.Amandeep Singh Rai, AAG Punjab
**
Sabina, J.
Petitioner has filed this petition under Section 482 of the
Code of Criminal Procedure for a direction to respondent No.3 to take
action on the representation made by the petitioner or with a prayer for
direction to respondent No.3 to register an FIR against respondents No. 4 to
12 under appropriate Sections.
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 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
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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
relegate 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 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. However, petitioner,
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if so advised, may approach the Magistrate under Section 156(3) of the
Code of Criminal Procedure.
( Sabina )
Judge
January 30, 2009
arya