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Davinder Singh vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 17 January 2011 · Citation: (2011) 01 P&H CK 0245

HON’BLE JUDGES
Nirmaljit Kaur, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 154, 156, 190, 200, 36
CASE NUMBER
Criminal Miscellaneous No. M-38076 of 2010 (O and M)
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Judgment

13 paragraphs · 408 words

Nirmaljit kaur, J.

Crl. Misc. No. 1502 of 2011

1.

This is an application u/s 482 Code of Criminal Procedure for preponement of the case to an early date of hearing from 03.02.2011.

Crl. Misc. Application is allowed and the main case is fixed for hearing today itself.

Crl. Misc. No. M-38076 of 2010

2.

This is a petition u/s 482 Code of Criminal Procedure for issuance of directions to Respondents No. 1 to 4 to decide the application/representation dated 28.10.2010 with a period of one month.

3.

It is evident from the representation that it is a case, wherein, an agreement to sell is involved and a prayer made in the representation is to take action against the person who has cheated him.

4.

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.

5.

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.

6.

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

27.

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.

7.

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.