Punjab-Haryana High Court
Sarbjot Singh vs State Of Ut Chandigarh And Others on 9 April, 2024
Neutral Citation No:=2024:PHHC:048292
CRM-M-10606-2024 2024:PHHC:048292
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Reserved on: April 08, 2024
Date of Decision: April 09, 2024
CRM-M-10606-2024
Sarbjot Singh ...Petitioner
Versus
State of U.T. Chandigarh and others ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Argued By: - Mr. Ravi Gakhar, Advocate for the petitioner.
Ms. Aditi Sharma, Advocate for
Mr. C.S. Bakshi, APP for U.T., Chandigarh.
DEEPAK GUPTA, J.
By way of present petition filed under Section 482 Cr.P.C.,
petitioner prays for issuing direction to State of U.T., Chandigarh to
initiate action against respondent No.2 - Senior Superintendent of Police,
U.T., Chandigarh, for committing gross violation of law laid down by
Hon'ble Supreme Court in "Lalita Kumari v. Govt. of Uttar Pradesh and
others"(2013) 14 SCR 713.
2. It is contended that petitioner was owner of House No.2416,
Sector 35-C, Chandigarh, to the extent of 20%. Remaining 80% share
was owned by his father (respondent No.5), brother (respondent No.4),
and his mother. Petitioner is a resident of Dubai. The property was sold
for ₹2.21 crores in November, 2013 and petitioner was told that amount
of ₹43,75,800/- of his share had been credited in his account in Central
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Neutral Citation No:=2024:PHHC:048292
CRM-M-10606-2024 2024:PHHC:048292
Bank of India, Sector 35-C, Chandigarh. Learned counsel contends that
respondent Nos.4 and 5 have embezzled the amount of the petitioner
from his account in Central Bank of India, Sector 35-C, Chandigarh, in
connivance with the bank officials, by forging his signatures. Petitioner
made repeated complaints dated 13.10.2021 (Annexure P-3), 27.01.2022
(Annexure P-4) and 28.02.2022 (Annexure P-5) supported by documents
to the Chandigarh Police, but no action has been taken yet.
3. On 29.02.2024, this Court passed the following order:-
"Learned counsel for the petitioner is required to assist this
Court as to how this petition is maintainable in the light of the
legal position as explained by Hon'ble Supreme Court in Sakiri
Vasu Vs. State of U.P. and others, reported as 2008(2) SCC 409,
which has been reiterated by three Judges Bench in M.
Subramaniam and another Vs. S. Janaki and another, Criminal
Appeal No.102 of 2011, decided on 20.03.2020. Both these
judgments have also been referred by co-ordinate Bench of this
Court in Navdeep Sharma Vs. State of Punjab and others,
CRM-M-24355 of 2022 decided on 12.07.2022.
Adjourned to 08.04.2024."
4. In compliance of the aforesaid order, learned counsel
contends that he seeks direction in the light of guidelines issued by
Hon'ble Supreme Court in Lalita Kumari's case (supra).
5. The issue as involved in the present petition has been dealt
with at length by this Court in CRM-M-61352-2023 titled as
"Daljit Singh and another v. State of Punjab and others", decided on
08.02.2024. After referring to Sakiri Vasu's case (supra); "M.
Subramaniam's case (supra); Lalita Kumari's case (supra); "Sidhu
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CRM-M-10606-2024 2024:PHHC:048292
Janak Nagargoje v. The State of Maharashtra and others", [SLP (Crl.)
No.5883 of 2020, decided on 08.08.2023]; "Mohd. Yousuf v. Smt. Afaq
Jahan & Anr.", JT 2006(1) SC 10; "Dilawar Singh v. State of Delhi", JT
2007(10) SC 585; "State of Bihar v. A.C. Saldanna", AIR 1980 SC 326;
"Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and others",
(2016) 6 SCC 277; and "M/s Radha Krishan Industries v. State of
Himachal Pradesh & Ors."[Civil Appeal No.1155 of 2021 (arising out of
SLP © No.1688 of 2021), decided on 20.04.2021], it has been concluded
by this court as under:-
"14. Thus, legal position, which emerges is that though the
existence of an alternate remedy is not an absolute bar to the
maintainability of a writ petition under Article 226 of the
Constitution, but a writ petition can be entertained only in
exceptional circumstances where there is:
(i) a breach of fundamental rights;
(ii) a violation of the principles of natural justice;
(iii) an excess of jurisdiction; or
(iv) a challenge to the vires of the statute or delegated legislation.
It further emerges that if a person has a grievance that despite
commission of a cognizable offence, his FIR has not been
registered at the Police Station, or that a proper investigation has
not been done by the police, he cannot be allowed to rush to the
High Court by filing a Writ Petition or a petition under Section
482 CrPC. The High Court should not encourage this practice
and should ordinarily refuse to interfere in such matters and
relegate the petitioner to his alternate remedy, firstly, under
Section 154(3) and Section 36 CrPC before the concerned police
officer and if that is of no avail, then to approach the concerned
Judicial Magistrate under Section 156(3) CrPC. Moreover, any
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CRM-M-10606-2024 2024:PHHC:048292
such aggrieved person has a further remedy of filing criminal
complaint under Section 200 CrPC.
15. In view of the consistent legal position as repeatedly
explained by Hon'ble Supreme Court, no advantage can be given
to the petitioner of Sindhu Janak Nagargoje's case (supra)."
6. After drawing the aforesaid conclusion, this Court had
disposed of the petition by relegating the petitioners to approach the
Jurisdictional Magistrate or to avail other remedy available to them as per
law.
7. The legal position as above, is fully applicable to the facts of
the present case. As such, no direction is required. This petition is hereby
disposed of by holding that if the petitioner is aggrieved by the fact that
respondent No.2 has not considered his representations Annexures P-4 to
P-6, he has the remedy to approach the Jurisdictional Magistrate or to
avail alternative remedy as available to him under the law.
Disposed of accordingly.
April 09, 2024 (DEEPAK GUPTA)
Sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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