Crl. Misc. No.M-10097 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-10097 of 2011 Date of Decision: 06.04.2011 Amarnath Yadav ....Petitioner Versus State of Punjab & others ....Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. L.S. Mann, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C for issuance of direction to respondent No.2 for registration of case under Section 9 of the Child Marriage Restraint Act 2006 and under Section 340 Cr.P.C for abetting the daughter of petitioner for giving false affidavit regarding her age and thus misleading this Court in Crl. Misc. No.M-4887 of 2011. A perusal of order dated 15.02.2011 passed in Crl. Misc. No.M-4887 of 2011 shows that no opinion has been expressed on the validity or invalidity of the marriage. The same has not been decided on merits. The only direction given is to the Senior Superintendent of Police, Jalandhar to look into the grievances of the petitioners and if found necessary, take appropriate measures in accordance with law. The said Crl. Misc. No.M-10097 of 2011 2 order does not come in the way of the petitioner for initiating criminal proceedings, if so made out. Hon'ble the Supreme Court in the case of Sakiri Vasu vs. State of U.P. and others reported as 2008(2) Supreme Court Cases 409, held in para 27 as under :- “ 27. As we have already observed above, 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 (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.PC simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154 (3) before the police officers concerned, and if that is of no avail, under Section 156 (3) Cr.PC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 Cr.PC.” Accordingly, the present petition is disposed of with liberty to the petitioner to avail of alternative remedy as available to him under law. (NIRMALJIT KAUR) 06.04.2011 JUDGE gurpreet