Atul Sachdeva vs State of Punjab and Others

Nirmaljit Kaur, J.—This is a petition u/s 482 Code of Criminal Procedure for issuance of directions to Respondents No. 2 and 3 to take action u/s 154(3) Code of Criminal Procedure on the complaint dated 23.09.2010 given by the Petitioner.

Hon''ble the Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and Others, , held in para 27 as under:

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 u/s 482 Code of Criminal Procedure 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, u/s 156(3) Code of Criminal Procedure before the Magistrate or by filing a criminal complaint u/s 200 Code of Criminal Procedure and not by filing a writ petition or a petition u/s 482 Code of Criminal Procedure

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.