IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-23946 of 2010 Date of decision : 26.8.2010 Karnail Singh …. Petitioner Versus State of Punjab and Others ….. Respondents Present : None for the petitioner. *** S.S. SARON, J. The file of Crl. Misc. No. M-16050 of 2010 has been added. A perusal of the same shows that Sema Rani (respondent No.6 herein) and Karnail Singh (petitioner herein) had filed a petition for directing SSP, Ferozepur (respondent No.2) and SHO, Police Station Sadar Jalalabad (West) (respondent No.3) to protect their life and personal liberty by providing them police protection. A further direction was sought for directing respondents No.4 to 7 therein who are the father, mother and brothers respectively of Seema Rani (respondent No.6 herein) not to interfere in the peaceful married life of the petitioners. It was alleged in the said petition that marriage between Seema Rani (respondent No.6 herein) and Karnail Singh (petitioner herein) had been solemnized on 21.5.2010 at Sri Nirankari Darbar (Rawalpindi), Sector 21-B, Chandigarh. The said petition i.e. Crl. Misc. No. M-16050 of 2010 was disposed of with a direction to SSP, Crl. Misc. No. M-23946 of 2010 [2] Ferozepur to look into the grievances of the petitioners and if found necessary, take appropriate measures in accordance with law. The present petition has been filed for directing SSP, Ferozepur (respondent No.2) and SHO, Police Station Sadar Jalalabad (respondent No.3) to protect the life and liberty of the petitioner from respondents No.4 to 8 which includes Seema Rani (respondent No.6). It is alleged that Seema Rani (respondent No.6) fraudulently and to deceive the petitioner filed Crl. Misc. No. M-16050 of 2010 and got protection from this Court. It is alleged that Seema Rani (respondent No.6) in fact is a mischievous, cunning and a very clever lady and that Pala Singh (respondent No.5) father of Seema Rani (respondent No.6) and her brothers namely Jaswant Singh (respondent No.7) and Kulwant Singh (respondent No.8) instigated her (Seema Rani- respondent No.6) to get the land from the petitioner. It is submitted that respondent No.6 Seema Rani is living with respondents No.4, 5, 7 and 8 at village Ghubaya. On 20.7.2010, respondents No.4 to 8 it is alleged came to the house of the petitioner along with deadly weapons and asked him to get 2 acres of land registered in the name of Seema Rani (respondent No.6). The petitioner said that he was not ready to register the land in the name of respondent No.6. Thereafter, he was threatened. On 25.7.2010 at 8.00 p.m. respondent No.4 to 8 came to the house of the petitioner and caught him. Respondents No.4 and 5 caught hold the arms of the petitioner and respondents No.6 to 8 gave a merciless beating to him. The petitioner reported the matter to the SHO, Police Station Sadar Jalalabad (respondent No.3) for taking legal action against respondents No.4 to 8 but the SHO did not take any action. The application (Annexure P1) submitted to the Crl. Misc. No. M-23946 of 2010 [3] SHO, Police Station Sadar Jalalabad in this regard is placed on record. On 28.7.2010, the petitioner went to the office of SSP, Ferozepur (respondent No.2) and handed over the application (Annexure P1) to him. He was assured that legal action would be taken against respondents No.4 to 8 but till date no action was taken. The petitioner therefore apprehends that respondents No.4 to 8 would eliminate him at any moment. No one is present on behalf of the petitioner today. On the last date of hearing also, no one was present on behalf of the petitioner. The grievance of the petitioner primarily is that the police is not taking any action on his application (Annexure P1) that has been filed by him against respondents No.4 to 8. I have given my thoughtful consideration to the matter. It may be noticed that the police authorities are to register a FIR whenever a cognizable offence is made out. However, this Court in exercise of its inherent jurisdiction under Section 482 CrPC is not to issue directions for registration of 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 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 Crl. Misc. No. M-23946 of 2010 [4] 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 inaction on the part of the Police in not taking action on his application (Annexure P1). 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 August 26, 2010 amit