IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M-26112 of 2010 Date of decision: 26.11.2010 Kuldeep Singh @ Kara …Petitioner Versus State of Punjab and ors …Respondents Present: Mr PPS Tung, Advocate for the petitioner. S.S.SARON, J. This petition has been filed under Section 482 CrPC for directing SSP Bathinda and SHO PS Nathana, District Bathinda (respondents-2 and 3) to conduct proper enquiry and take immediate legal action against respondents-4 to 7 who, it is alleged, had beaten the petitioner; besides hurled bad abuses in the name of his caste. The petitioner alleges that respondents- 4 to 7 who are Police officials i.e. respondents-4 to 6 are Head Constables and respondent-7 is a Constable, had abused him in the name of his caste on 29.7.2010 at 10.30 a.m. The incident was witnessed by Rakesh Sidhu and Gurpreet Singh. It is submitted that the petitioner went to SHO PS Nathana (respondent-3) and asked him to take legal action and to register a FIR against respondents-4 to 7 under the appropriate Sections of the IPC as well as the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, but the SHO (respondent-3) showed his inability by saying that he cannot take any action against the Police officials. A copy of the representation dated 29.7.2010 (P1) has been placed on record. The Cr Misc M- 26112 of 2010 2 petitioner then met SSP Bathinda (respondent-2) and requested him to look into the matter and take immediate action against respondents-4 to 7. However, despite repeated requests and many visits, no action has been taken against respondents- 4 to 7 till date. A copy of the representation dated 31.7.2010 (P2) given to the SSP (respondent-2) has been placed on record. Therefore, it is submitted that a FIR is liable to be lodged against respondents-4 to 7. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is aggrieved against the inaction on the part of the Police in not registering the FIR and in not taking any action against respondents-4 to 7. In this regard, it may be noticed that the petitioner has his remedy under the law and this Court in exercise of its inherent jurisdiction under Section 482 CrPC is normally not to issue directions for registration of a FIR. In this regard, it may be noticed that in Aleque Padamse and ors v. Union of India and ors (2007) 6 SCC 171 (SC), it was observed that the correct position in law is that the Police officials are to register a FIR whenever the facts brought to the notice show that cognizable offence has been made out. In case the Police officials fail to do so, the modalities to be adopted are set out in Section 190 read with Section 200 CrPC. Therefore, it a person is aggrieved by the inaction of Police officials in not registering a FIR, the modalities contained in Section 190 read with Section 200 CrPC are to be adopted and followed. In Sakiri Vasu v. State of UP and ors 2008(1) RCR (Cr) 392 (SC), it was observed by the Supreme Court that if a person has a grievance that the Police Station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section Cr Misc M- 26112 of 2010 3 154(3) CrPC by an application in writing. Even if that does not lead to any satisfactory result in the sense that either the FIR is not registered or even after registering it no proper investigation is held, it is open to the aggrieved person to file such application under Section 156(3) CrPC before the learned Magistrate concerned. If such an application under Section 156(3) CrPC is filed before the Magistrate, the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made. However, a petition under Section 482 CrPC for directing the registration of a FIR is to be done only in some rare and some exceptional cases. In the facts and circumstances, the petitioner in the first instance may approach the Ilaqa Magistrate for the redressal of his grievance regarding inaction by the Police officials in not registering the FIR. It is needless to submit that if such an application is made, the learned Magistrate shall consider the same in accordance with law. This criminal misc petition is accordingly disposed of. 26.12.2010 ( S.S.SARON ) ASR Judge