Petitioner filed a petition under Section 482 Cr.P.C. directing registration of an FIR. The Court held that an alternative remedy exists under Section 156(3) Cr.P.C. and disposed of the petition with liberty to approach the Illaqa Magistrate.
Disposed of with liberty to approach the learned Illaqa Magistrate.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-25184 of 2013 (O&M) Date of Decision: October 10, 2013.
Bakshish Singh
.......PETITIONER(s).
VERSUS
The State of Punjab and others
.....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Sunil Agnihotri, Advocate for the petitioner (s).
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') for direction to respondent No.2 to conduct inquiry in the complaint dated 11.01.2013 (Annexure P-2) and register the FIR against respondents No.5 and 6 against various Sections of Indian Penal Code.
However, for registration of FIR, petitioner is having alternative remedy to approach learned Illaqa Magistrate under Section 156(3) of Cr.P.C., if any cognizable offence is made out against respondents No.5 and 6 as has been held in Sakiri Vasu Vs. State of U.P. 2007(5) Law Herald
(Supreme Court), 3910.
Disposed of with liberty to approach learned Illaqa Magistrate.
October 10, 2013. Sachin M.
( RAM CHAND GUPTA ) JUDGE
Mehta Sachin 2013.10.14 13:44 I attest to the accuracy and integrity of this document CHANDIGARH
2 issues framed by the court
Whether an Alternative Remedy under Section 156(3) Cr.P.C. exists for filing a petition under Section 482 Cr.P.C. regarding registration of FIR.
Whether the High Court can direct the State to register an FIR when a specific remedy under Section 156(3) Cr.P.C. is available.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of U.P.Referred¶13
Sakiri Vasu Vs. State of U.P. 2007(5) Law Herald 3910
2 provisions across 1 enactments
Bakshish Singh
The State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
