Harinder Kaur Alias Surinder Kaur And ... vs State Of Punjab And Ors
2024 Latest Caselaw 20716 P&H

Punjab-Haryana High Court

Harinder Kaur Alias Surinder Kaur And ... vs State Of Punjab And Ors on 21 November, 2024

                                  Neutral Citation No:=2024:PHHC:153594




CRM-M-58104
      58104-2024                                                      -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                           CRM-M-58104-2024
                                                                       2024
                                                  Date of decision : 21.11.2024
                                                                        11.2024

Harinder Kaur alias Surinder Kaur and another
                                                                 .......Petitioners
                                                                 .......Petitioner
                                 Versus
State of Punjab and others
                                                                 ....Respondents

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


Present:    Ms. Harpreet K. Gill,, Advocate,
            for the petitioners.

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

                          ****

SHEEL NAGU, CHIEF JUSTICE ( Oral )

1. The grievance of the petitioners, who happen to be the

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

police authorities against the private respondents despite information having

been provided by petitioner No.1 vide representation dated 02.07.2024 .2024

(Annexure P-6) P as regards commission of cognizable offences.

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

want action to be taken against the private respondents in accordance with law.

3. The he 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 Code of

Criminal Procedure (Section 175 of BNSS) and Section 200 of Code of

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Neutral Citation No:=2024:PHHC:153594

CRM-M-58104

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 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 po police lice 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 egates the petitioners 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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