Bhupinder Kaur And Others vs State Of Punjab And Others
2024 Latest Caselaw 20376 P&H

Punjab-Haryana High Court

Bhupinder Kaur And Others vs State Of Punjab And Others on 18 November, 2024

                                    Neutral Citation No:=2024:PHHC:150077



     IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH




                                            CRM-M
                                                M No. 57395 of 2024 (O&M)

                                            Date of Decision: 18.11.2024

Bhupinder Kaur and others                                           .....Petitioners
                                                                       Petitioners

                                versus

State of Punjab and others                                      .....Respondents


CORAM:       HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE

Present :   Mr. BD Sharma, Advocate for the petitioners.

            Mr. Gagneshwar Walia, Addl. Advocate Ge
                                                 General, Punjab.

                                ****

SHEEL NAGU, CHIEF JUSTICE (Oral)

The grievance of the petitioner petitioners, who happen to be the

complainants,, is essentially of non-registration non registration of offences by the concerned

police authorities against respondents No. 5 to 20 despite the said authorities

having been informed of commission of cognizab cognizable offences.

2. Learned counsel for the petitioner petitioners submits that the petitionerss want

action to be taken against the private respondent respondents with regard to the commission

of alleged offences in accordance with law.

3. The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 provides for

ample remedy to the complainants/victims complainants/victims arising out of the cause of

non-registration registration of case as well as non-conduction non conduction of investigation in a free, fair

and expeditious manner. The provision of Section 156(3) of the C Code ode of Criminal

Procedure (Section 175 of BNSS) 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.

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Neutral Citation No:=2024:PHHC:150077

4. The petitioners do 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 complainants/victims 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

18.11.2024
ravinder                Whether speaking/reasoned                    √Yes/No
                        Whetherreportable                            Yes/No√




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