IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 34106 of 2008 Date of decision: March 16, 2009 Akashdeep ….. Petitioner Versus State of Punjab and Others ….. Respondents Present: Mr. Sandeep Arora , Advocate for the petitioner. *** S.S. SARON, J. This petition under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) has been filed for directing respondents No.2 to 4 to take action on the complaint filed by the petitioner for registration of FIR against respondent No.5 Param Kalia for committing fraud, impersonation and preparing forged and fabricated documents in order to cheat the petitioner. The primary grievance of the petitioner is the inaction of the respondents No.2 to 4 i.e. the Police authorities in not registering the FIR against respondent No.5 Param Kalia. At this stage, Mr. Rajneet Singh, Advocate has put in appearance on behalf of respondent No.5. He has submitted that the matter has been inquired into by the Police and Param Kalia (respondent No.5) has been found innocent. Be that as it may. It is well-known that in case the petitioner is aggrieved against the inaction on the part of the police in not registering the FIR, he Crl. Misc. No. M- 34106 of 2008 -2- has to avail his remedies in accordance with law and this Court in exercise of its inherent jurisdiction is normally not to issue directions for registration of a FIR. In Aleque Padamsee and others v. Union of India and others, (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 failed to do so, the modalities to be adopted are set out in Section 190 read with Section 200 CrPC. Therefore, if a person is aggrieved by the inaction of Police officials in registering the 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 others, 2008 (1) RCR (Crl.) 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 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 present case, the petitioner has his remedy of approaching the Magistrate in case there is any inaction on the part of the Police in not registering the FIR. The present is not a case which would warrant the issuance of directions by this Court for registration of a FIR. Crl. Misc. No. M- 34106 of 2008 -3- In the circumstances, the petitioner if so advised, may avail his other remedies as available to him in accordance with law. The Crl. Misc. petition is accordingly disposed of. (S.S. SARON) JUDGE March 16, 2009 amit