Dismissed

Jatinder Kumar v. State of Punjab & Ors.

Punjab & Haryana HC6 Apr 2011CRM-M/10385/2011

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition under Section 482 Cr.P.C seeking directions for investigation into forged documents, the single-judge High Court dismissed the appeal. The court relied on Sakiri Vasu to hold that the Magistrate under Section 156(3) Cr.P.C. is empowered to order investigation and register an FIR is proper alternative remedy exists rather than filing a petition under Section

What did the court decide?

The petition is disposed of with liberty to the petitioner to avail alternative remedies in accordance with law.

Jatinder Kumar Vs State of Punjab… — Civil Procedure and Limitation | Punjab & Haryana HC (2011)

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Crl. Misc. No.M-10385 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No.M-10385 of 2011

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Date of Decision: 06.04.2011

Jatinder Kumar

....Petitioner

Versus

State of Punjab & others

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...Respondents

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CORAM : Hon'ble Ms. Justice Nirmaljit Kaur

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Present:Mr. L.S. Sidhu, Advocate for the petitioner.

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Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest ?

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NIRMALJIT KAUR, J. (ORAL)

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This is a petition under Section 482 Cr.P.C for issuance of direction to respondents No.2 and 3 to take appropriate action against respondent No.4 for preparing forged and fabricated document on behalf of the petitioner.

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Section 156(3) of the Cr.P.C., reads as under :-

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“156(3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.”

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The above provision shows that the Magistrate has the power to inquire into or try under the provisions of Chapter XII. Under Section 156(3), the Magistrate is also empowered under Section 190 to order investigation and direct the registration of the FIR.

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Hon'ble the Supreme Court in the case of Sakiri Vasu vs.

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Crl. Misc. No.M-10385 of 2011

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State of U.P. and others reported as 2008(2) Supreme Court Cases 409, held in para 27 as under :-

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“ 27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.PC simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154 (3) before the police officers concerned, and if that is of no avail, under Section 156 (3) Cr.PC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 Cr.PC.

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In view of the above and taking into account the facts of the present case, the present petition is disposed of with liberty to the petitioner to avail of alternative remedy in accordance with law.

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(NIRMALJIT KAUR) JUDGE

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06.04.2011 gurpreet

Jatinder Kumar v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Jatinder Kumar v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

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