Tejinder Singh vs State Of Punjab And Others
2022 Latest Caselaw 8819 P&H

112

               IN THE HIGH COURT OF PUNJAB & HARYANA AT
                          CHANDIGARH


                                             CRM-M No.34252 of 2022
                                             Date of Decision: 08.08.2022


Tejinder Singh
                                                               .........Petitioner.
                                   Versus
State of Punjab and others
                                                           .........Respondents.


CORAM:         HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

               *****

Present:-      Mr. Mohit, Advocate
               for the petitioner.

MEENAKSHI I. MEHTA, J.(Oral)

The petitioner herein seeks the indulgence of this Court for the

issuance of a direction to respondent No.3 to register the FIR against

private respondents No.4 and 5 as well as the driver and owner of the

Combine, while alleging that the above-said persons forcibly harvested the

crop as sown by him in the land measuring about 03 Bighas and though, he

reported the matter to the police authorities vide application Annexure P-6

but in vain.

2. I have heard learned counsel for the petitioner, at the

preliminary stage, in this petition and have also perused the file carefully.

3. Learned counsel for the petitioner contends that the

allegations, as levelled by the petitioner in application Annexure P-6,

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disclose the commission of cognizable offences by the afore-said

miscreants but the police has not taken any action against them, for the

same and hence, the above-prayed direction be issued to respondent No.3.

4. However, the above-raised contention is devoid of any force

because in M. Subramaniam and another Versus S. Janaki and another

(Criminal Appeal No.102 of 2011, decided on 20.03.2020), the three

Judges' Bench of Hon'ble Supreme Court has set aside the direction given

by the High Court for the registration of the FIR while relying upon

observations, as made by the Apex Court in an earlier judgment rendered in

Sakiri Vasu Versus State of U.P., (2008)2 SCC 409, to the effect that "if a

person has a grievance that his FIR has not been registered by the police

or the same having been registered, proper investigation is not being done,

then the remedy of the aggrieved person is not to go to the High Court but

to approach the Magistrate concerned under Section 156(3) Cr.P.C."

5. Moreover, in Aleque Padamsee and others Versus Union of

India and others (Criminal Writ Petition Nos.11-15 of 2003, decided on

18.07.2007), Hon'ble Supreme Court has also observed that "in case of

non-registration of the FIR by the police, the aggrieved party can lay a

complaint before the Magistrate under Sections 190 and 200 Cr.P.C. and

the writ petition seeking direction to the police to register the case is not to

be entertained." In view of these observations, it is explicit that the instant

petition, as preferred by the petitioner with a prayer to issue direction for

the registration of the FIR against the afore-said persons, is not

maintainable before this Court.

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6. As a sequel to the foregoing discussion, it follows that the

petition in hand deserves dismissal on the ground of its not being

maintainable before this Court. Resultantly, the same stands dismissed

accordingly.

                                                   (MEENAKSHI I. MEHTA)
August 08, 2022                                          JUDGE
Yag Dutt


               Whether speaking/reasoned:              Yes

               Whether Reportable:                     No




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