Crl. Misc. No. M- 7853 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 7853 of 2010 Date of Decision: March 16, 2010 Varinder Kumar ........Petitioner Versus State of Punjab & others ........Respondents CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Harindar Kumar Aurora, Advocate for the petitioner. SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') for setting aside the impugned order dated 5.2.2010(Annexure P-9) passed by the Court of Judicial Magistrate 1st Class, Jalandhar. Petitioner moved an application under Section 156(3) of Cr.P.C. for issuance of necessary directions to the Station House Officer/ Incharge of Police Station Lambra, District- Jalandhar to register an FIR under Sections 307/326/452/323/324/325/506/148/149/34 against the respondents No.3 to 7 on 5.02.2010. The Judicial Magistrate, 1st Class, Jalandhar passed the following order:- “Heard, on application under Section 156(3) Cr.P.C. for issuance of necessary directions to SHO of Police Station Lambra, Jalandhar for registration of case Crl. Misc. No. M- 7853 of 2010 2 under Sections 307/452/323/324/325/506/148/149/34 against accused no.1 to 5. Allegations against the accused no.1 to 5 are that on 6.12.2009 at about 5.00 P.M., accused no.1 to 5 namely Laddi, Pawani, Totil Babba and Bhindu entered into the house of the complainant no.1 along with swords, sticks and iron rod and after entering into the house the said accused no.1 to 5 bolted the house of the complainant no.1 from inside and started giving beatings and thrashing to the complainant no.1. Accused no.1 to 5 broke the right arm of the complainant no.2. The mother of the complainant no.1 who was chaffing the fodder on the backside of her house and came inside after hearing the uproar and she raised noise, upon which many people of the village gathered there. The door of the house of complainant no.1 was got opened with difficulty and the accused fled while giving intimidation. The complainants were admitted in civil hospital Jalandhar at about 6.30 PM. The matter was reported to the police but FIR was not recorded. The allegations as contained in the complaint and supportive photo copy of MLR of Varnder Kumar and Sunil Kumar certifies that Varinder Kumar received two injuries and Sunil Kumar also received two injuries. However, the allegations contained in complaint require extensive inquiry by the court to find out truth as no specific role has been attributed to accused and does not call for issuance the direction to Police Station, Lambra to register the FIR. Crl. Misc. No. M- 7853 of 2010 3 Hence, instant application under Section 156(3) Cr.P.C. is treated as complaint under IPC. Ahlmad is directed to register same as criminal IPC complaint. Now to come upon 23.04.2010 for recording the preliminary evidence." After hearing of the learned Counsel for the petitioner, I am of the opinion that the Magistrate has exercised his jurisdiction vested in him and has adjourned the case for preliminary evidence as the learned Magistrate was of the opinion that no specific role has been attributed to the accused and the allegations contained in the complaint required inquiry by the said Court. The application moved by the petitioner has been treated as a complaint. No ground for interference is made out. Dismissed. (SABINA) March 16, 2010 JUDGE Anand