Crl. Misc. No.M-793 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-793 of 2011 Date of Decision: 12.01.2011 Rajiv Kumar ....Petitioner Versus State of Punjab and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. A.S. Sullar, 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 directions to respondents No.2 and 3 to take legal action against respondent No.4 for committing fraud with petitioner and threatening him and his family of dire consequences. Section 156(3) of the Cr.P.C., 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 vs. State of U.P. and others reported as 2008(2) Supreme Court Cases 409, Crl. Misc. No.M-793 of 2011 2 held in para 11 as under :- “ 11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C. by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156(3) Cr.P.C before the learned Magistrate concerned. If such an application under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.” In view of the above and taking into account the facts of the present case, the petitioner has the remedy to approach the Magistrate for the same relief. Accordingly, the present petition is disposed of with liberty to the petitioner to avail of alternative remedy in accordance with law. (NIRMALJIT KAUR) 12.01.2011 JUDGE gurpreet