IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No.3119 of 2008 Date of Decision: May 19,2008 Uma Shankar ...........Petitioner Versus State of Punjab and others ..........Respondents Coram: Hon'ble Mr.Justice M.M.Kumar Hon'ble Mrs. Justice Sabina Present: Mr.R.S.Dhiman,Advocate for the petitioners. Mr.Suveer Sehgal, Addl.A.G. Punjab for respondents No. 1 and 2 Mr.S.S.Rangi,Advocate for respondents No. 3 and 4 * * * M.M. Kumar, J. The prayer made by the petitioner in the instant petition filed under Article 226 of the Constitution of India is for issuance of a direction to respondents No. 1 and 2 to register a case against the private respondents for forcibly and illegally snatching the motor cycle bearing registration No. CH03-Y-6356 and also on account of the injury caused to him by them in connivance with respondent No. 5 on 31.1.2008. In response to the notice of show cause, a communication dated 31.1.2008 (Annexure R1) has been placed on record which include a compromise reached between the petitioner and the private respondents in the presence of Gram Panchayat. The Official respondent has taken the stand that the petitioner has approached them after the compromise has been effected. However, the petitioner has denied that he has ever compromised with any one and, hence, this is fabricated. CWP No. 3119 of 2008 -2- After hearing the learned counsel for the parties at some length, we are of the view that in writ jurisdiction there is no possibility to record a finding of fact. Therefore, the remedy of the petitioner lies in filing the criminal complaint, if he feels aggrieved by the non-registration of the FIR. It is well known that after the filing of the complaint, the Magistrate has ample power to have investigation done by the Police by referring the matter to the police authorities under Section 156(3) of the Code of Criminal Procedure. Accordingly, the petition is dismissed and the petitioner may avail any other remedy in accordance with law including the one indicated in the preceding para. ( M.M.Kumar ) Judge ( Sabina ) Judge May 19, 2008 arya