Suraj Kumar vs State Of Punjab And Others
2024 Latest Caselaw 20715 P&H

Punjab-Haryana High Court

Suraj Kumar vs State Of Punjab And Others on 21 November, 2024

                                   Neutral Citation No:=2024:PHHC:153579




CRM-M-58081
      58081-2024                                                       -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                            CRM-M-58081-2024
                                                                        2024
                                                   Date of decision : 21.11.2024
                                                                         11.2024

Suraj
   aj Kumar
                                                                   .......Petitioner
                                  Versus
State of Punjab and others
                                                                  ....Respondents

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


Present:      Mr. Mohinder Kumar,, Advocate,
              for the petitioner.

              Mr. Gagneshwar Walia, Addl. Advocate General, Punjab, and
              Mr. Charanpreet Singh, DAG, Punjab.

                           ****

SHEEL NAGU, CHIEF JUSTICE ( Oral )

1. The grievance of the petitioner petitioner, who happens to be the

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

police authorities against the persons named in the representations dated

25.10.2024 (Annexure P-1) P 1) and 27.10.2024 (Annexure P P-2), despite

information formation having been provided, provided vide the said representations, as regards

commission of cognizable offences.

2. Learned counsel for the petitioner submits that the petitioner

wants action to be taken against the persons named in the aforesaid

representat representations 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, fre

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Neutral Citation No:=2024:PHHC:153579

CRM-M-58081

fair and expeditious manner. The provision of Section 156(3) of the Code 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.

4. The petitioner does 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 ari 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 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 petitioner - complainant 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 November 21, 2024 narotam

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

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