CRM No. M 17021 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 17021 of 2010 Date of decision: 19.07.2010 Tarlochan Singh etc. ........ Petitioners Versus State of Punjab etc. .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Ravi Malhotra, Advocate for the petitioners -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for issuance of directions to respondent Nos. 2 and 3 to protect the life and liberty of the petitioners from the hands of respondents No. 4 to 10. It is contended by the learned counsel as also stated in the petition that the petitioners are feeling grave endanger to their lives and liberty on account of the fact that on 20.05.2010 at about 10.00 am, respondent No. 4 along with respondent Nos. 5 to 10 reached the field of the petitioners. Respondent No. 4 armed with service revolver, respondent Nos. 5 and 6 armed with gandasi, respondent Nos. 7 and 8 armed with Kirpan whereas, respondent No. 9 and 10 armed with datar. Respondent No. 4 exhorted respondent No. 5 to 10 caught hold Kulwant Singh and others to CRM No. M 17021 of 2010 2 kill them. On raising raula, some persons of the village and passer-by gathered at the spot and respondent Nos. 4 10 run away from the spot by extending threat that they will took the possession of the land at every cost. The petitioner party appeared before the respondent No. 2 and submitted an application but no action has been taken so far. It is apparent from the above that more than the threat perceptions, if at all, action is required to be initiated against the culprits either by registering FIR or filing a criminal complaint for which an alternative remedy is available. Section 156 (3) of the Criminal Code of Procedure, which reads as under:- “156 (3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.” The above provision shows that the Magistrate has the power to inquire into or try under the provisions of Chapter XII. Under Section 156 (3), the Magistrate is also empowered under Section 190 to order investigation and direct the registration of the FIR. Hon'ble the Supreme Court in the case of Sakiri Vasu v. State of U P and others reported as 2008 (1) RCR (Criminal) 392, wherein, it is held that the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly. In order to protect their possession over the land in dispute, the petitioners have an equally efficacious remedy to seek injunction from the Court. CRM No. M 17021 of 2010 3 The petitioners have not taken recourse to any of the remedies or steps to redress their actual grievance. Thus, no order or direction is required to be passed in the facts of the present case. Dismissed. (Nirmaljit Kaur) Judge 19.07.2010 mohan