Crl. Misc. No. M-12045 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-12045 of 2011 (O&M) Date of Decision: April 25,2011 Varsha Dabra ......................................... Petitioner Versus State of Punjab and others .................. Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Iqbal Singh Mann, Advocate for the petitioner. ... RITU BAHRI, J. (Oral) Counsel for the petitioner contends that there is a dispute going on between the petitioner and the accused in the Civil Court and vide order dated 28.10.2010 (Annexure P1) direction has been given by the Court not to dispossess the petitioner forcibly and illegally without adopting the due course of law. Learned counsel further contends that despite the said order, on the intervening night of 19/20.3.2011 her shop was set on fire. A representation has been made to the police in this regard. Prayer is being made for directing the respondents to register an FIR against the guilty persons. Crl. Misc. No. M-12045 of 2011 (O&M) [ 2 ] The petitioner has been given liberty to approach the authorities under Section 156 (3) and 200 of the Code of Criminal Procedure as per decision of the Supreme Court in Sakiri Vasu v. State of U.P and others 2008 (1) RCR (Criminal) 392 wherein the observations of the Supreme Court are 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 Crl. Misc. No. M-12045 of 2011 (O&M) [ 3 ] 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.” Disposed of as such. 25.4.2011 ( RITU BAHRI ) Rupi JUDGE