In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-6571 of 2009 Date of decision: 9.3.2009 Aslam ......Petitioner Versus State of Haryana and others .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. R.S.Mamli, Advocate, for the petitioner. **** SABINA, J. This petition has been filed by Aslam under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short) for setting aside the order dated 22.1.2009 (Annexure P-1) and further has sought direction that the case be sent for registration of FIR. Petitioner has filed a complaint under Sections 379, 420, 465, 466, 467, 468, 471, 506 and 120-B of the Indian Penal Code before the Judicial Magistrate, Ist Class Jagadhari. Vide impugned order dated 22.1.2009 (Annexure P-1), the learned Magistrate after going through the complaint has observed that no ground was made out at this stage to send the complaint under Section 156 (3) Cr.P.C. on the ground that the complainant was not the owner of the suit Criminal Misc. No.M-6571 of 2009 -2- property and certain facts had been alleged by the complainant which required thorough enquiry at the magisterial level. Hence, the prayer to send the complaint under Section 156(3) Cr.P.C. was declined and the case was adjourned for preliminary evidence of the complainant. After hearing, learned counsel for the petitioner, no ground to quash the impugned order is made out. The Magistrate is seized of the matter. After presentation of complaint, Magistrate could have either sent the same for registration of FIR under Section 156 (3) Cr.P.C. or could have himself take cognizance. The Magistrate has chosen to enquire into the complaint himself. Accordingly, this petition is dismissed. (SABINA) JUDGE March 09, 2009 anita