Paramdeep Singh Sahota vs State Of Punjab And Others
2023 Latest Caselaw 12095 P&H

          CRWP-7766-2023 (O&M)                          2023:PHHC:102569

          115
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                 CRWP-7766-2023 (O&M)
                                                                 Date of decision: 07.08.2023

          Paramdeep Singh Sahota
                                                                                         ....Petitioner
                                                        versus
          State of Punjab and others
                                                                                      ....Respondents

          CORAM: HON'BLE MR. JUSTICE ARUN MONGA

          Present:-            Mr. Rishabh Singla, Advocate for petitioner.

                               Mr. Dhruv Dayal, Additional AG Punjab.

                                                        *****
          ARUN MONGA, J. (ORAL)

This is a petition under Section 482 of Code of Criminal Procedure,

1973 (for short 'Cr. P.C.') seeking issuance of directions to the official respondents

to protect the life and liberty of petitioner at the hands of private respondents.

2. Learned counsel for the petitioner contends that respondent No.4 is

the owner of the house in question. Petitioner along with his family was inducted

as tenant. Respondent No.4 filed a petition under Section 24 of Punjab Rent Act,

1995 for recovery of immediate possession/ejectment of the demised premises.

Petitioner has been granted 3 months' period to vacate the same but respondents

are giving threats to the petitioner and his family. Petitioner moved his

complaint/representation dated 16.05.2023 (Annexure P-3) to respondent No.3. but

to no avail. Hence, the instant petition.

3. Notice of motion.

4. Mr. Dhruv Dayal, Additional AG Punjab appears on service of

advance copy of petition and accepts notice on behalf of State of Punjab.

5. In my opinion, the petitioner ought to have first approached learned

Ilaqa/Area Magistrate under Section 156 (3) Cr.P.C for redressal of his grievance,

VANDANA 2023.08.11 14:03 I attest to the accuracy and

CRWP-7766-2023 (O&M) 2023:PHHC:102569

if any, before directly approaching this Court. Section 156 (3) ibid empowers a

Magistrate to ensure proper investigation. Even otherwise, ordinarily, in case of a

grievance arising out of non-registration of an FIR, the aggrieved can seek recourse

to remedy by approaching Superintendent of Police under Section 154(3) Cr.P.C.

or any other competent police officer per Section 36 Cr.P.C. Even thereafter, if

grievance is yet unmitigated, one can then take judicial recourse by approaching a

Magistrate of competent jurisdiction under Section 156(3) Cr.P.C. Not only that,

an aggrieved party can choose to file a criminal complaint under Section 200

Cr.P.C., if so advised. Reference may be had to Apex Court judgment in Sakiri

Vasu versus State of U.P and others1.

6. In the premise, instant petition is dismissed. The petitioner is,

however, at liberty to approach the appropriate forum for redressal of his

grievance, as aforesaid.

7. Pending application(s), if any, shall also stand disposed of.

                                                                      (ARUN MONGA)
                                                                          JUDGE
          07.08.2023
          vandana

          Whether speaking/reasoned:                     Yes/No

          Whether reportable:                            Yes/No




VANDANA
2023.08.11 14:03
I attest to the accuracy and