Dismissed

Baldev Raj & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC19 May 2009CRM-M/13788/2009

Case brief

AI extract

What is this about?

The petitioners filed a petition under Section 482 Cr.P.C. seeking directions for FIR registration against respondents accused of cheating. The court, relying on Sakiri Vasu, dismissed the petition, directing the petitioners to utilize alternative remedies first under Section 154(3), Sections 36 and 156(3) Cr.P.C. before approaching the High Court under Section 482 Cr.P.C.

What did the court decide?

The petition is dismissed. The petitioners are directed to approach the Magistrate under Section 156 (3) Cr.P.C. if advised.

Baldev Raj & Ors. Vs State of Punjab & Ors. — Punjab & Haryana HC (2009) — LawSathi Research

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In the High Court of Punjab and Haryana at Chandigarh

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Criminal Misc. No.M-13788 of 2009 (O&M) Date of decision: 19.5.2009

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Baldev Ran and others

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......Petitioners

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Versus

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State of Punjab and others

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.......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr.Manish Prabhaker , Advocate, for the petitioners.

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SABINA, J.

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The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for issuance of directions to respondent Nos. 1 to 4 to take legal action against respondent Nos. 5 and 6 for playing fraud and to deceive them by cheating Rs.15-20 lacs and further for prosecution of respondent No.5 for exploiting petitioner No.3 physically and mentally.

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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:-

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“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

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Criminal Misc. No.M-13788 of 2009 (O&M) -2-

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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

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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).

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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.

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Criminal Misc. No.M-13788 of 2009 (O&M) -3instead 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 ?”

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Since, the petitioners have sought relief of registration of FIR against respondent Nos. 5 and 6, this petition is dismissed.

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The petitioners, if so advised, may approach the Magistrate under Section 156 (3) Cr.P.C.

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(SABINA) JUDGE

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May 19, 2009 anita

Baldev Raj & Ors. v. State of Punjab & Ors.

Case brief

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Baldev Raj & Ors. v. State of Punjab & Ors.

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