Balbir Kaur vs State of Punjab and Others

Nirmaljit Kaur, J.—This is a petition u/s 482 Code of Criminal Procedure for issuance of direction to Respondents No. 2 and 3 to register a case against Respondent No. 4 under Sections 420, 467 and 471 IPC read with Section 34 IPC in pursuance of the representation of the Petitioner dated 13.09.2010. Section 156(3) of the Code of Criminal Procedure, reads as under:

156(3) Any Magistrate empowered u/s 190 may order such an investigation as above mentioned.

The above provision shows that the Magistrate has the power to inquire into or try under the provisions of Chapter XII. u/s 156(3), the Magistrate is also empowered u/s 190 to order investigation and direct the registration of the FIR.

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, as advised, in accordance with law.