Crl. Misc. No. M-14139 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-14139 of 2009 Date of decision: 21.5. 2009 Ram Jiwaya ….. Petitioner Versus State of Haryana and Others ….. Respondents Present: Mr. Anil Kumar Lamdharia, Advocate for the petitioner. **** S.S. SARON, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) for issuance of direction to respondents No.2 to register a FIR against respondents No.5 to 12 for the offences under Sections 420, 467, 468, 471 and 120-B Indian Penal Code (“IPC” – for short) and further prayer has been made for taking action against the officials of the Municipal Council and Tehsildar, if any. It is submitted that the father of the petitioner namely Bhula Ram is 80 years old and he has gifted his self-acquired property i.e. House No. 339/23, Khere Wali Gali, Kishanpura, Panipat to the petitioner vide gift deed dated 22.8.2008. The brother of the petitioner namely Maha Singh (respondent No.6) was disowned by his father Bhula Ram on 31.5.2008. However, respondents No.6 to 11 on 1.4.2009 entered the house of the petitioner and abused the family of the petitioner in filthy language. They also gave fist blows to the petitioner’s family. They (respondents No.6 to 11) had entered the house of the petitioner with an intention to Crl. Misc. No. M-14139 of 2009 [2] dispossess the petitioner and his family members. They also threatened the petitioner and his family members with dire consequences. The complaint dated 1.4.2009 (Annexure P1) in this regard was submitted by the son of the petitioner to the Chowki Incharge, Krishanpura, Panipat. Since no action was taken against the complaint, the father of the petitioner submitted another application dated 6.4.2009 (Annexure P2) to the Superintendent of Police, Panipat (respondent No.2). However, the police is not taking any action. Therefore, the petitioner prays that the police may be directed to register a FIR. After giving my thoughtful consideration to the matter, it may be noticed that in case there is inaction by the police in not registering the FIR, the proper remedies in such a case which are to be adopted are set out in Section 190 read with Section 200 CrPC. In Aleque Padamsee and others v. Union of India and others, (2007) 6 SCC 171 (SC), it was observed that the correct position in law is that the Police officials are to register a FIR whenever the facts brought to the notice show that cognizable offence has been made out. In case the Police officials fail to do so, the modalities to be adopted are set out in Section 190 read with Section 200 CrPC. Therefore, if a person is aggrieved by the inaction of Police officials in not registering a FIR, the modalities contained in Section 190 read with Section 200 CrPC are to be adopted and followed. In Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392 (SC) it was observed by the Supreme Court that if a person has a grievance that the Police Station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not lead to any satisfactory result in the sense that either the FIR is not registered or even after registering it no proper investigation is held, it is open to the aggrieved person to file such application under Section 156(3) CrPC before the learned Magistrate concerned. If such an application under Section 156(3) Crl. Misc. No. M-14139 of 2009 [3] CrPC is filed before the Magistrate, the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made. However, a petition under Section 482 CrPC for directing the registration of a FIR is to be done only in some rare and some exceptional cases. In the present case, the petitioner has his remedy of approaching the Magistrate in case there is any inaction on the part of the Police in not registering the FIR. In the facts and circumstances, it would be unsafe for this Court to issue directions for registration of a FIR. In the circumstances, the petitioner if so advised, may avail his other remedies as available to him in accordance with law. The Crl. Misc. petition is accordingly disposed of. (S.S. SARON) JUDGE May 21, 2009 amit