IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M –23280 of 2010 Date of decision: 12.8.2010 Sohan Lal …Petitioner Versus State of Punjab and ors …Respondents Present: Ms Shashi Ghuman, Advocate for the petitioner. S.S.SARON, J. This petition under Section 482 CrPC has been filed for directing respondents-1 to 4 to take cognizance of complaint dated 16.4.2010 f(P2) and complaint dated 5.5.2010 (P3) addressed to SSP, Kapurthala (respondent-2) with copies to DSP Phagwara (respondent-3) and SHO PS Sadar, Phagwara (respondent-4) against respondents-5 to 8. The grievance of the petitioner is that despite the petitioner making complaints P2 and P3, no action has been taken by respondents-2 to 4. Therefore, it is prayed that a direction be issued to them to take action against respondents-5 to 8. The petitioner, in his complaint (P2) has alleged that despite the suit filed by Mohan Lal (respondent-5) for restraining the petitioner from interfering with his possession in land comprised in Rectangle No.18, Khasra No.18/1 (1-8) situated in Mohalla Kishanpura, Tehsil Phagwara, having been dismissed on 28.3.2008, he (respondent-5) is still interfering with the same. The wheat crop sown in the said property was about to harvest and the petitioner apprehends that the said persons may cause Cr Misc M- 23280 of 2010 2 damage to the crop. Therefore, the said complaint admittedly does not make out any cognizable offence. Insofar as the complaint (P3) is concerned, it is alleged that inspite of the application (P2) moved by the petitioner, no action was taken and the accused – Mohan Lal (respondent-5) had forcibly harvested the wheat crop of the petitioner in his absence with a combine during night. In a case where cognizable offence is committed, the Police is bound to register a FIR. However, this Court, in exercise of its inherent jurisdiction under Section 482 CrPC 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 Cr.P.C. Therefore, if a person is aggrieved by the inaction of the Police officials in registering the FIR, the modalities contained in Section 190 read with Section 200 Cr.P.C are to be adopted and followed. In Sakiri Vasu v. State of U.P. and others, 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 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C. 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) Cr.P.C. Cr Misc M- 23280 of 2010 3 before the learned Magistrate concerned. If such an application under Section 156(3) Cr.P.C. 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, the petition under Section 482 Cr.P.C. for directing the registration of a FIR is to be done only in some rare and some exceptional cases. Therefore, 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. In the circumstances, the petitioner if so advised, may avail his other remedies as available to him in accordance with law. The criminal miscellaneous petition is accordingly disposed of. 12.8.2010 ( S.S.SARON ) ASR Judge