Dismissed

Nitin Modi v. State of Punjab and Others

Punjab & Haryana HC11 May 2012CRM-M/13815/2012

Case brief

AI extract

What is this about?

In this petition under Section 482 Cr.P.C. seeking direction to register an FIR, the Court relied on Sakiri Vasu to emphasize that grievances regarding non-registration or improper investigation of FIR are remedies under Sections 36, 154(3), and 156(3) Cr.P.C. or Section 200 CrPC, not Section 482. Consequently, the petition was dismissed with liberty to avail alternative remedies.

What did the court decide?

Petition disposed of with liberty to petitioner to avail alternative remedy.

Nitin Modi Vs State of Punjab and… — Civil Procedure and Limitation | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No.M-13815 of 2012

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Date of Decision: 11.5.2012

Nitin Modi

....Petitioner

Versus

The 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. Rajan Khetarpal, 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 register an FIR against respondents No.5 & 6.

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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

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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. 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

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Crl. Misc. No.M-13815 of 2012

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-2-

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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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11.5.2012 rajeev

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(NIRMALJIT KAUR) JUDGE

Nitin Modi v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Nitin Modi v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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