Criminal Misc. No. M-44121 of 2007 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-44121 of 2007 (O&M) Date of Decision:04.05.2009 Neeru Aggarwal and another .....Petitioners Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. P.S. Grewal, Advocate for the petitioners. Ms. Ravinder Kaur Nihalsinghwala, Senior Deputy Advocate General, Punjab. **** JUDGMENT HARBANS LAL, J. Heard. In re: Sakiri Vasu v. State of U.P and others, 2008(1) Recent Criminal Reports (Criminal) 392, it has been laid down by the Apex Court that first remedy of the complainant is to approach the Superintendent of Police under Section 154(3) of the Cr.P.C or other police officer referred to in Section 36 of Cr.P.C. However despite approaching the Superintendent of Police or the officer referred to in Section 36 of Cr.P.C, if his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C instead of rushing to the High Court by way of a writ petition or a petition under Section 482 of Cr.P.C. Moreover, he has a further remedy of filing a criminal complaint under Section 200 of Cr.P.C. Learned counsel for the petitioners submits that Annexure P.8, complaint was moved to DIG of Police, Ludhiana, Annexure P.9 and 10 Criminal Misc. No. M-44121 of 2007 (O&M) were made to SSP, Ludhiana but these police authorities did not initiate any action against the accused on the basis of these complaints. In view of the law referred to above, learned counsel for the petitioners submits that the petitioners may be relegated to the remedy available before the learned Illaqa Magistrate. Thus, this petition is disposed of with a direction to the petitioners to approach the learned Illaqa Magistrate by filing complaint. The learned Illaqa Magistrate shall proceed in accordance with above- referred law if he finds sufficient reasons to forward such complaint to the concerned police officer under Section 156(3) ibid. May 04, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No