IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No. M- 32393 of 2010 Date of decision: 28.1.2011 Surinderpal Singh and others .....Petitioners Vs State of Punjab and others ...Respondents CORAM:- HON'BLE MRS.JUSTICE DAYA CHAUDHARY. PRESENT: Mr.S.L.Chander Shekhar, Advocate, for the petitioners. **** ORDER The present petition has been filed under Section 482 Cr.P.C. for quashing of impugned order dated 4th September, 2010 passed by Judicial Magistrate Ist Class, Amritsar and also for issuance of a direction to register FIR against respondents No. 5 and 6 with a further prayer for grant of compensation and cost of structure of khokhas/shops. Learned counsel for the petitioners contends that the petitioners were running their shops in Khokhas on the land allotted to them by the Municipal Corporation, Amritsar and paying rent on monthly basis. Their khokhas/shops were demolished by the officials of respondents No. 5 and 6 in their absence and without giving them any prior notice and thereby great loss was caused to them. The petitioners sent representations with regard to demolition of their khokhas/shops to various authorities including police authorities but no action was taken. Crl.Misc. No. M- 32393 of 2010 [2] Heard the arguments of learned counsel for the petitioners and have also gone thorough the impugned order as well as other documents available on the file. It appears from the record that the petitioners earlier approached this Court by way of filing Crl.Mic.No.M-19525 of 2010 which was dismissed as withdrawn with liberty to seek an alternative remedy available to them under the law vide order dated 12th July, 2010, which is annexed as Annexure P-5 with the petition. Later on the petitioners filed criminal complaint No. 571 of 2010 before JMIC, Amritsar under Section 156(3) Cr.P.C. seeking a direction to police authorities to register criminal case against the accused persons. Vide order dated 4th September, 2010, the said complaint was disposed of with the direction that the complainants first exhaust the other alternative remedy available to them before approaching the Court but without having availed an alternative remedy under Section 154(3) Cr.P.C., the complainants approached the Judicial Magistrate Ist Class under Section 156(3) Cr.P.C. It is clearly mentioned in the order that the complainants approached various authorities including the police authorities for reconstruction of their khokhas and for permission to re-start their business but no criminal action was sought against the accused persons. The complainants have chosen to approach the Magistrate directly for issuance of direction to officer In-charge of concerned police station to register FIR against the accused persons. The complainants have not availed the remedy available to them before invoking the provisions Crl.Misc. No. M- 32393 of 2010 [3] of Section 154(3) Cr.P.C. The Judicial Magistrate Ist Class, Amritsar disposed of the application by the impugned order dated 4th September, 2010 with a direction to first exhaust an alternative remedy available to the petitioners before approaching the Court. I do not find any illegality in the impugned order dated 4th September, 2010 in view of the provisions of law mentioned above. No interference is required in the impugned order and the petition being devoid of any merit is dismissed. (DAYA CHAUDHARY) JUDGE January 28, 2011 raghav