Crl. Misc.No.M-37769 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc.No.M-37769 of 2010 Date of Decision: 17.01.2011 Gurbhej Singh Sandhu ....Petitioner Versus State of Punjab and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. A.P.S. Shergill, 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 of Cr.P.C for issuance of direction to respondents No.1 to 4 to register an FIR and take action against respondents No.5 to 8 on the basis of complaint made by the petitioner on 29.03.2010 for fraud, cheating, criminal breach of trust and misappropriation of the property of the petitioner. The petitioner is the son of respondent No.5-Tarsem Singh. It is not disputed that the petitioner had given Power of Attorney in the name of his father. It is also not disputed that on the date, the transaction took place, the power of attorney was still in the name of his father. 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 Crl. Misc.No.M-37769 of 2010 2 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, 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. In view of the above and taking into account the facts of the present case, the present petition is disposed of with liberty to the petitioner to avail of alternative remedy in accordance with law. (NIRMALJIT KAUR) 17.01.2011 JUDGE gurpreet