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Gurmail Kaur vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 25 January 2011 · Citation: (2011) 01 P&H CK 0342

HON’BLE JUDGES
Nirmaljit Kaur, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 154, 156, 200, 482
CASE NUMBER
Criminal Miscellaneous No. M-1910 of 2011
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Judgment

4 paragraphs · 234 words

Nirmaljit Kaur, J.—This is a petition u/s 482 Cr.P.C for issuance of direction to Respondents for compliance of provisions of Section 154 Code of Criminal Procedure

2.

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 Cr.PC 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) Cr.PC 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 Cr.PC.

3.

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.