Amit Rajput vs State Of Punjab And Others
2023 Latest Caselaw 15001 P&H

                                                                  Neutral Citation No:=2023:PHHC:115839




CRM-M-44294-2023 (O&M)                     2023:PHHC:115839                                1


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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                   CRM-M-44294-2023 (O&M)
                                                   Date of decision: 04.09.2023

Amit Rajput                                                                        ....Petitioner

                                           Versus

State of Punjab and others
                                                                                 ...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:-     Mr.Neeraj Madaan, Advocate, for petitioner.

       Mr. Dhruv Dayal, Addl.A.G, Punjab.
            *****
ARUN MONGA, J. (ORAL)

This is a petition under Section 482 of Code of Criminal Procedure, 1973

(for short 'Cr.P.C.') inter alia, seeking issuance of direction to respondent no.2 to direct

respondents no.3 and 4 for conducting fair and proper inquiry/investigation on the

complaint/representation dated 14.08.2023 (Annexure P-4) given by the petitioner to

respondent no.2 against accused persons. He further seeks a direction to respondent no.3

to decide his aforesaid complaint/representation.

2. Succinct facts first, as pleaded in the petition.

2.1 The grievance of the petitioner is that on 14.05.2023, the accused persons

namely Mohit Arora, Dinesh Kumar, Mohit Sharma alias Chhotu, Dyal Verma and Mani

and some un-identified persons in-connivance with each other after hatching a conspiracy

in pre- planned manner had inflicted injuries to the petitioner. The injury inflicted to the

petitioner was declared grievous in nature by the doctor in the further injury report. As

per medical report of the petitioner the doctor declared below mentioned injury as

grievous:-

"1. X-Ray B/L Nasal Bones.

There is fracture of left Nasal bone is seen for the concerned injury. Hence the concerned injury is declared Grievous in nature". The

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copy of Medical Report and Further injury report of the petitioner is Annexed herewith as Annexure P-1.

2.2. Learned counsel for the petitioner further submits that instead of

registration of FIR, against the accused persons, police registered false and frivolous FIR

against the petitioner and his brother just to help the accused person in the commission of

crime and just to put pressure upon the petitioner for compromise. The copy of FIR

bearing No. 0040 dated 15.05.2023 under section 379-B, 323, 427. 506, 336, 148, 149

IPC registered at Police Station Division No. 3, Jalandhar, is annexed herewith as

Annexure P-2.

2.3 He next submits that during the course of investigation, the offence under

section 379-B and 336 IPC has not been made out therefore, deleted by the police and

offence under section 341 IPC has been added vide DDR No. 029 dated 28.06.2023. The

petitioner has already his surety bonds before the investigating officer. The copy of DDR

is annexed as Annexure P-3.

2.4 Further he submits that despite grievous injury inflicted upon the petitioner,

the police has not taken any action against the accused persons on the complaint of

petitioner. The petitioner made a representation/complaint to respondent no.2 and inquiry

vide complaint no. 4738-DCP dated 14.08.2023 was marked to the respondent no.

3/Assistant Commissioner of Police by the Deputy Commissioner of Police (Law &

order) (Annexxure P-4). Hence, the present petition.

3. Per contra, learned State counsel strenuously opposes the prayer made.

4. I have heard learned counsel for the parties and gone through the case file.

5. Be that as it may, 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, 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., as was done by the petitioner in the

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instant case. 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 others"1.

6. In the premise, no ground is made out to entertain this petition, which is

consequently disposed of. 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
04.09.2023
'D'Vir

Whether speaking/reasoned:                     Yes/No
Whether reportable:                            Yes/No





2008 (2) SCC 409
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