IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-8356 of 2009 Date of decision : August 25, 2009 Darshan Singh ....Petitioner versus State of Punjab and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. PS Grewal, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab for the respondents L.N. Mittal, J. (Oral) Petitioner has filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for registration of FIR on the basis of application Annexure P/2 moved by the petitioner to the police authorities. I have heard learned counsel for the parties and perused the case file. The petitioner has alternative efficacious remedy of approaching the Illaqua Magistrate for appropriate relief. Illaqua Magistrate has power under section 156 (3) of Cr.P.C. to order registration of FIR, if deemed appropriate or to take cognizance of the complaint himself. Hon'ble Apex Court in the case of Aleque Padamsee and others vs. Union of India and others, 2007(3) Law Herald (Supreme Court), 2269 and Sakiri Vasu vs. State of U.P., 2007(5) Law Herald (Supreme Court), Criminal Misc. No. M-8356 of 2009 -2- 3910, has held that High Courts in exercise of inherent jurisdiction under section 482 Cr.P.C. should not order registration of FIR. In view of the aforesaid, the instant petition is dismissed with liberty to the petitioner to approach the Illaqua Magistrate for appropriate relief, in accordance with law. Learned counsel for the petitioner submitted that the petitioner belongs to Sirsa whereas the complaint would have to be filed at Moga and therefore, personal appearance of the petitioner as complainant in the court of Illaqua Magistrate may be ordered to be exempted. The prayer is allowed to the extent that personal appearance of the petitioner as complainant shall be exempted by the Illaqua Magistrate subject to suitable conditions, whenever personal appearance of the petitioner is not required. ( L.N. Mittal ) August 25, 2009 Judge 'dalbir'