IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-216 of 2010 Date of decision : 7.1.2010 Mona Rani …. Petitioner Versus State of Punjab and Others …. Respondents Present: Mr. J.S. Bains, Advocate for the petitioner. **** S.S. SARON, J. The Crl. Misc. petition has been filed for directing respondent No.2 to 4 to look into the complaints dated 12.11.2009 and 16.12.2009 (Annexures P1 and P3) respectively. A perusal of the complaint (Annexure P1) shows that the complainant/petitioner has alleged that her husband without any reason has been harassing and humiliating her. Besides, he has been beating her. The complaint (Annexure P3) is that the husband of the petitioner/complainant beats her regularly and mercilessly. He has fractured her leg also. The Medico Legal Report of Civil Hospital, Ludhiana (Annexure P2) has also been placed on record. The primary grievance of the petitioner is that on the basis of the complaints (Annexure P1 and P3) respectively, FIR is liable to be registered. In this regards, it may be noticed that the Crl. Misc. No. M-216 of 2010 [2] proper remedies in such a case which are to be adopted are set out in Section 156 (3) CrPC or Section 190 read with Section 120 CrPC. 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 fail 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 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 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 Crl. Misc. No. M-216 of 2010 [3] 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 her remedy of approaching the Magistrate in case there is inaction on the part of the Police in not registering the FIR. In the facts and circumstances, it would be unsafe for this Court to issue directions for registration of a FIR. In the circumstances, the petitioner if so advised, may avail her other remedies as available to her in accordance with law. The Crl. Misc. petition is accordingly disposed of. (S.S. SARON) JUDGE January 7, 2010 amit