Crl. Misc. No. M-1015 of 2011 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-1015 of 2011 Date of Decision: January 24,2011 Gurjant Singh ............................................................... Petitioner Versus State of Punjab ............................................................ Respondent Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. J.S.Brar, Advocate for the petitioner. ... RITU BAHRI, J. This petition under Section 482 of the Code of Criminal Procedure is for registration of a criminal case against respondent Nos. 4 to 9 who have committed criminal trespass and ploughed the wheat crop sown by the petitioner. Mr. J.S.Brar, learned counsel for the petitioner, states that despite the complaint (Annexure P-2) to the SHO, no action has been taken by the police to register the case against the respondents. The petitioner alleges that respondent Nos. 5 to 9 formed a gang and by moving a false application against the petitioner, got him arrested on 10.12.2010 in police station Mour. A Kalendra under Section Crl. Misc. No. M-1015 of 2011 [ 2 ] 107/151 Cr.P.C. has been submitted by the police against the petitioner on 10.12.2010. There is a dispute that the private respondents by committing criminal trespass ploughed 6 acres of fully grown wheat crop farm and causing a loss of more than Rs.30,000/- to the petitioner. A report has been sent to S.P.(D) of the offence committed by the private respondents. No action has been taken for registering a criminal complaint. There are disputed questions of fact. Therefore, the petitioner is relegated to the alternate remedy of filing a petition under Section 156(3) of the Code of Criminal Procedure before the Magistrate who is the appropriate authority to go into the facts. The Supreme Court in Sakiri Vasu v. State of U.P and others 2008 (1) RCR (Criminal) 392 has examined this issue and has observed that the appropriate forum for direction to register a complaint or FIR is not under Section 482 Cr.P.C. The Magistrate has wide powers under Section 156(3) Cr.P.C. to issue appropriate directions/investigation. Petition is disposed of with liberty to the petitioner to approach the Magistrate. 24.1.2011 ( RITU BAHRI ) Rupi JUDGE