Petitioner sought High Court direction to register an FIR regarding alleged abduction. Court held petition misconceived as petitioner had filed a complaint with SHO and has an alternate remedy under Section 156(3) Cr.P.C. Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No. M-10681 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
CRM No. M-10681 of 2009 (O&M) Date of decision: 21.04.2009
Pirthi Raj
...Petitioner
Versus
State of Punjab & others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. M.S. Rai, Advocate, for the petitioner.
Rajan Gupta, J.
This is a petition praying that a direction be issued to the official respondents to register a criminal case against respondents No.4 to 8.
Learned counsel for the petitioner has argued that daughter of the petitioner was abducted by respondents No.4 to 8 on 30th March, 2009. According to the counsel, respondent No.4 Manoj Kumar had promised to marry the daughter of the petitioner. However, later he abducted her alongwith his co-accused. The counsel, therefore, prays that a direction be issued to register an FIR in this regard.
I have heard learned counsel for the petitioner.
I am of the considered view that the present petition for direction to register an FIR is misconceived. The petitioner has already filed a complaint before the SHO of the area on 11th April, 2009, Annexure P-1. In case the police fails to register an FIR, the petitioner
CRM No. M-10681 of 2009 2
has an alternative remedy available to him by way of a complaint under Section 156 (3) Cr.P.C., in view of the law laid by the Hon'ble Apex Court in Sakiri Vasu v. State of U.P. and others, 2008 (1) R.C.R. 39 2.
There is no merit in the present case. The petition is hereby
dismissed.
(RAJAN GUPTA) JUDGE
April 21, 2009 'rajpal'
1 issue framed by the court
Whether a warrant under Section 156(3) Cr.P.C. should be issued to register an FIR when the petitioner has already filed a direct complaint.
Colour shows how this judgement treated each authority
Sakiri Vasu v. State of U.P.Referred¶17
Sakiri Vasu v. State of U.P. and others, 2008 (1) R.C.R. 39
1 provisions across 1 enactments
Pirthi Raj
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
