33 A W IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C RevnNo12150f2010 DATEOFDECISION 1 I202010 Ashok Kumar Jain PetiUoner Versus HarwinderSingh8 Anr e e e 0 BEFOREm HONBLE MRS JUSTICE DAYA CHAUDHARY 0 0 Present Mohd Yousaf Advocate C for the petitioner I RkR4k Z 0 DAYA CHAUDHARY J The presentreviSion petitionhas been filed againstorder 08 dated 193 2010 passedby Sub Divisional Judicial MagistrateMalerkotla ClO vide which the application filed under Section 156 CrCor issuing vm Z directions to the police to registerFlR againstrespondentNo2 was declined Learned counsel for the petitionersubmits that the application filed bYthe Petitionerunder Section156 31CrC was wronglydismjssed WhiChiSContrarY to the provisionsof Iawand the Iaw settled byHonble the SupremeCourt of India Learnedcounsel furthercontends that it is settled iaw that when the poiicefailed to registerFIR the aggrievedpartymay move to the Magistrate under Section 156 Cr for direction to registerthe FlR therefore the petitionermoved an applicationunder Section 156 31CrC before the SDJM Maierkotla but the Magistrate instead of issuingdirection has treated the applicationas complaintand Rani Anita 2013.03.22 13: 37 True Scanned Copy of the Original PHHC, Chandigarh Rani Anita 2013.03.26 15: 26 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 34 C Revn No215of2010 21 V asked the petitionerto producepreliminaryevidence vide order dated J 19 32010 It is also the contentionof Iearnedcounsel that even from the bare perusalof the applicationa primafacie case under Sections 406 420467468471 is made out againstthe and the FlR has to be registeredby the policeeither on the complaintof the petitioner or the direction issued by the Iearned Learned counsel for the petitioneralso relied upon the judgment of Honble the ApexCoun in the case of Sakiri Vasu Vs State of UP and others 2008 I RCR minall 1 r 392 to supporthis contention 0 have heard the arguments advanced by Iearned counsel for 0 the petitionerand have also gone through the impugned order passedby C5 the IearnedMagistrate I In the presentcase petitionerfiled an applicationunder Z Section 156 31 CrC beforeSDJM Malerkotlafor issuingdirectionsto 0 the police authorities to take necessary action againstthe accused I persons Vide order dated 19201 0 SDJM Malkerkota has passedthe 08 following order rlO Complaintpresentedtoday has also filed an meP Z appiicationunder Section 156 31 Cr for directingthe fl PoIice of PS City Malerkotlato take necessary action and to register the case It has been alleged by the himselfthat he approachedthe policeof S CityMalerkotlato Iodgethe FIR againstthe accused and to the matter but the policedid not take any action againstthe accused persons I find that even as per own allegations of the the policedid not take any action againstthe accused persons Accordinglyfeel that it shall not be appropriate to send the case to the police Accordinglythe requestmade by the complainant to send the Rani Anita 2013.03.22 13: 37 True Scanned Copy of the Original PHHC, Chandigarh Rani Anita 2013.03.26 15: 26 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 35 C Revn No215of2010 31 P compiaintto the poiiceunder Section 156 31 CrP IS declined and the cognizanceof the complaintis taken bythis Court However the reportof the Police shall be called under Section 202 CrP if requiredafter recording evidence of the complainant is directed to producehis entire evidenceon 252010 As per impugnedorder dated 19201 0 requestof the petitionerfor sendingthe complaint to the policeunder Section 156 1 C CrP was declined however cognizanceof the complaint was taken by 0 the Court and it was directed that the reportof the policeshall be called 0 I under Section202 CrPC if requiredafter recording evidence C5 of the complainantand the was directed to producehis evidence Ill the case The petitionerhas challengedthe Z impugnedorder by filingthe presentrevISion petitionon the groundthat m r Iearned SDJM Malerkotla has ignoredthe allegations Ievelled in the I applicationunder Section 156 31CrC which requires by 08 the policeagainstthe respondents and as per settled Iaw the FlR should C0 have been registered againstthe respondentsLearned counsel for the m Z petitionersubmitsthat as per settled Iaw when the policefailed to register 0m FIR the aggrievedpartymay move to the Magistrate under Section156 CrPC for direction to the policeto registerFlR In the presentcasethe Iearned Magistratehas power under Section 156 31CrC to order the policeto registerthe case and to the same but he has failed to exercise his which has caused Ioss to the petitioner When a complaintis received bythe Magistratehe has two options He may either applyhis mindfor the purpose of proceeding under Section 200 CrC and preceding sectionsin ChapterXV of CrC or may order investigation by the policeunder Section 156 31Cr When the decides to proceedunder Section 200 Cr he is said to Rani Anita 2013.03.22 13: 37 True Scanned Copy of the Original PHHC, Chandigarh Rani Anita 2013.03.26 15: 26 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 36 C Revn No215of2010 41 0 have taken cognizanceof the offence and if he refers the case to the police he cannot be said to have taken cognizanceof any offene If 1 complaintis sent to the policeunder Section 156 31CrC the policehas to registera case after The discretion is with the Magistrate and there is no provisionof Iaw under which the Magistrate is compeliedto send the matter to the police The has therefore no Iegal rightor privilege to insist the Magistrate to take cognizance of the 0Hence The power of the Magistrate under Section 156 31CiC IS m r an power and it does not aHect the power of 0 officer to further the case The power under Section 156 0 I CrP is wide enoughand includesall such powers which are with the C5 Magistratet also includes the power to order of FIR and to I order further if the IS satisfied that the proper Z has not been done 2 r Section156 31Cr reads as under Any Magistrateempoweredunder Section 190 may order 08 such an as abovementioned CO The words as abovementionedobviously refer to Section156 mm Z 11 which contemplates bythe officerin chargeof Il the Police Station ll Section 156 31providesfor a check bythe Magistrate on the police its duties under ChapterXlll CrCn case where the finds that the policehas not done its dutyof the case at all or has not done it he can issue a directin to the policeto do the properlyand can monitorthe same In the present case the Magistratehimself has taken cognizance of the complaintand has adjournedthe case for recording of the evidence Ithas also been mentionedthat the reportofthe POliCeShall be called under Section 202 CrC jf requjredeven after t Rani Anita 2013.03.22 13: 37 True Scanned Copy of the Original PHHC, Chandigarh Rani Anita 2013.03.26 15: 26 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 37 1 3 r C Revn No215of2010 51 P recording evidence of the The IearnedMagistrate has exercised his vested in him as per Iaw as he has power either to take cognizance of the complaint himself or can send the matter to the policefor There is nothingwrong in the impugned order The petitionbeingdevoid of any meritis herebydismissed 122010 IDAYACHAUDHARYI POOJa JUDGE r 0 0 I NoteNhether this case is to be referredto the Reporter YeslNo CD I Z4Izl I9f C IV l c m 7 Z 0m Rani Anita 2013.03.22 13: 37 True Scanned Copy of the Original PHHC, Chandigarh Rani Anita 2013.03.26 15: 26 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document