Punjab-Haryana High Court
Jagdev Singh vs State Of Punjab And Ors on 21 November, 2024
Neutral Citation No:=2024:PHHC:153602
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM
CRM-M No.57850 of 2024 (O&M)
Date of Decision: 21.11.2024
Jagdev Singh .....Petitioner
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE
Present : Mr. Mohit Vashishat, Advocate,
(through v.c.) for the petitioner.
Mr. Gagneshwar Walia, Addl. Advocate General, Punjab
with Mr. Charanpreet Singh, Deputy Advocate General,
Punjab.
****
SHEEL NAGU, CHIEF JUSTICE (Oral) The grievance of the petitioner petitioner, who happens to be the complainant, is essentially of non-registration non registration of offences by the concerned police authorities against private respondents No. 5 to 7 despite the said authorities having been informed of commission of cognizable offences.
2. Learned counsel for the peti petitioners submits that the petitioner wants action to be taken against the respondents in accordance with law.
3. The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 provides for ample remedy to the complainant complainant/victim arising out of the cause of non-registration ation of case as well as non non-conduction conduction of investigation in a free, fair and expeditious manner. The provision of Section 156(3) of the Code of Criminal Procedure (Section 175 of BNSS) 1 of 2 ::: Downloaded on - 22-11-2024 05:11:33 ::: Neutral Citation No:=2024:PHHC:153602 CRM-M No. 57850 of 2024 (O&M) [2] and Section 200 of Code of Criminal Procedure (Section 223 of BNSS) can very well be invoked by the complainant by filing an application before the Magistrate of the area concerned.
4. The petitioner does not appear to have availed either of the aforesaid remedies. Even the law on this point is clear in terms of judgment rendered by Constitution Bench of Apex Court in Lalita Kumari vs. State of U.P. (2014) 2 SCC 1, wherein it has been categorically held that once the information/complaint reveals commission of cognizable offence, registration of an FIR is mandatory. However, the Constitution Bench of the Apex Court has made certain exceptions to the extent that police can conduct enquiry before registration of FIR but only to ascertain whether cognizable offence has been committed or not especially in complicated offences and special offences etc.
5. In view of the above, this Court declines interference and relegates the complainant to avail the aforesaid remedies before the Magistrate of the area concerned.
6. With these observations, the petition stands disposed of.
(SHEEL NAGU)
CHIEF JUSTICE
21.11.2024
ravinder Whether speaking/reasoned √Yes/No
Whetherreportable Yes/No√
2 of 2
::: Downloaded on - 22-11-2024 05:11:33 :::