The petition under Section 482 Cr.P.C. seeking direction to register an FIR was dismissed. The court relied on Sakiri Vasu to hold that alternative efficacious remedies exist, specifically approaching the Illaqa Magistrate.
Petition dismissed with liberty to approach the Illaqa Magistrate for appropriate relief.
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.
Crl. Misc. No. M-13883 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-13883 of 2013
Date of Decision : May 01, 2013
Rajesh Kumar @ Danny Pehalwan .... Petitioner
Vs.
State of Punjab and others .... Respondents
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
Present : Mr. Vikas Gupta, Advocate for the petitioner.
L. N. MITTAL, J. (Oral) :
Rajesh Kumar @ Danny Pehalwan has filed this petition under Section 482 of the Code of Criminal Procedure (in short – Cr.P.C.) seeking direction to official respondents no.2 and 3 to register First Information Report (FIR) against private respondents no. 4 and 5 and to investigate the same.
I have heard counsel for the petitioner and perused the case file. Hon'ble Supreme Court, in the case of Sakiri Vasu vs. State
of U. P. reported as 2007 (5) Law Herald (Supreme Court) 3910 , has
laid down that inherent power under Section 482 Cr.P.C. should not
Crl. Misc. No. M-13883 of 2013
2
ordinarily be exercised to order registration of FIR because the aggrieved person has alternative efficacious remedy of approaching the Illaqa Magistrate for appropriate relief in accordance with law.
In view of the aforesaid, the instant petition is disposed of with
liberty to the petitioner to approach Illaqa Magistrate for appropriate relief,
in accordance with law.
May 01, 2013
monika
( L. N. MITTAL ) JUDGE
1 issue framed by the court
Whether inherent powers under Section 482 Cr.P.C. can be exercised to direct registration of an FIR.
Colour shows how this judgement treated each authority
Sakiri Vasu vs. State of U. P.Referred¶15
2007 (5) Law Herald (Supreme Court) 3910
1 provisions across 1 enactments
Rajesh Kumar @ Danny Pehalwan
State of Punjab
L. N. MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
