Dismissed

Parminder Kaur & Anr. v. State of Punjab & Ors.

Punjab & Haryana HC26 Sept 2013CRM-M/32415/2013

Case brief

AI extract

What is this about?

Petitioners filed a Section 482 Cr.P.C. petition seeking directions to police to protect their liberty from private respondents. The court held that seeking FIR registration requires approaching Section 156(3), dismissing the petition as it offered no ground for interference under Sakiri Vasu.

What did the court decide?

Petition dismissed; liberty to approach Magistrate under Section 156(3) Cr.P.C.

Parminder Kaur & Anr. Vs State of Punjab… — Criminal Trial and Appeal | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-32415 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-32415 of 2013 Date of Decision: 26.9.2013.

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Parminder Kaur and another

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........Petitioners

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Vs.

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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. Gurmeet Singh, Advocate for the petitioners.

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SABINA, J.

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Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short) seeking directions to respondents No. 1 to 3 to protect their life and liberty from the hands of private respondents.

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It has been held by the Apex Court in Sakiri Vasu

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vs. State of U.P. and others, 2008 (1) RCR (Criminal) 392 as

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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 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

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Singh Gurpreet 2013.09.27 15:52 I attest to the accuracy and integrity of this document chandigarh

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Crl. Misc. No. M-32415 of 2013

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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 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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26. 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. instead 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

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Singh Gurpreet 2013.09.27 15:52 I attest to the accuracy and integrity of this document chandigarh

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Crl. Misc. No. M-32415 of 2013

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there are so many alternative remedies ?”

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Since the petitioners are virtually seeking a direction for registration of FIR, no ground for interference is made out in view of Sakiri Vasu's case (supra).

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However, petitioners would be at liberty to approach

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

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Dismissed.

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(SABINA) JUDGE

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September 26, 2013 Gurpreet

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Singh Gurpreet 2013.09.27 15:52 I attest to the accuracy and integrity of this document chandigarh

Parminder Kaur & Anr. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Parminder Kaur & Anr. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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