In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-27321 of 2010 ..... Date of decision:16.9.2010 Harnek Singh .....Petitioner v. State of Punjab and others .....Respondents .... Present: Mr. S.P.S. Sidhu, Advocate for the petitioners. ..... S.S. Saron, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) seeking directions to respondents No.2 and 3 to provide adequate security to the petitioner for protecting his life and property. A further prayer has been made to take appropriate action against the persons named in the complaint (Annexure-P.1) It is submitted that the petitioner belongs to the Congress Party and is an Ex-sarpanch of his village. There is a party faction in the area and the opposite party of the petitioner wants to eliminate him. It is alleged that Gurjinder Singh, Guriqbal Singh, Jagjit Singh, Mangal Singh and Harshdeep Singh are known bad elements of the area and are involved in number of cases. They are proclaimed offenders in some cases, the details of which are mentioned even in two FIRs (Annexure-P.1 and P.2) and in one complaint filed by the petitioner. It is submitted that the petitioner was in Sub-Jail, Moga in a false case that was registered against him. In the said case, the petitioner has been acquitted. While in jail on 27.6.2010, Cr. Misc. No.M-27321 of 2010 [2] Gurjinder Singh and Guriqbal Singh, it is alleged, tried to murder him in jail. One Beant Singh and Palwinder Singh were lodged in the same jail and the accused tried to send weapons in jail for murdering the petitioner. However, the said persons were arrested as Police got prior information. In this regard, a FIR has already been registered. The petitioner and his family members are continuously receiving threats and the Police is pressurizing the petitioner to deposit his private licensed weapon whereas the aforementioned persons are carrying illegal weapons with them but the Police is not taking any action against them. The petitioner, it is alleged, has submitted a detailed representation, one of them (Annexure-P.3) is on record. The primary grievance of the petitioner is for taking action against the persons as mentioned by him, as according to the petitioner they are proclaimed offenders and are threatening the petitioner. Besides, it has been prayed that action be taken against the persons named in the complaint (Annexure-P.1). A perusal of Annexure-P.1 shows that the same is a copy of FIR No.113 dated 28.8.2009 registered at Police Station Mehna, District Moga for the offences under Sections 307, 148, 149 IPC; besides, Sections 25 and 27 of the Arms Act. The said FIR has been registered on the statement of Gurjinder Singh against Ranjit Singh @ Raju, Seepa Fauji, Gurmit Singh alias Kanda, Karamjit Singh alias Kamma and 4-5 other persons who, it is alleged, were duly armed with .315 bore rifle, .12 bore gun and baseball bats. The complainant-Gurjinder Singh received injuries on his right thigh on account of the firing that ensued between them. Therefore, if the grievance of the petitioner is that the Police is not taking action against the culprits as mentioned in the FIR he has his remedy of Cr. Misc. No.M-27321 of 2010 [3] approaching the Illaqa Magistrate in terms of Section 156 (3) Cr.P.C. In Sakiri Vasu v. State of U.P. and others, 2008 (1) RCR (Cr.) 392 (SC), it was observed by the Supreme Court 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 lead to any satisfactory result in the sense that either a FIR is not registered or even after registering it no proper investigation is held, it is open to the aggrieved person to file such application under Section 156(3) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156(3) Cr.P.C. is filed before the Magistrate, the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made. However, the petition under Section 482 Cr.P.C. for directing the registration of a FIR is to be done only in some rare and some exceptional cases. In the present case, the petitioner has his remedy of approaching the Magistrate in case there is any inaction on the part of the Police in not registering a FIR. Therefore, in case there is inaction by the Police, the Magistrate on being approached can issue directions for carry out effective investigation. Insofar as protection is sought, the petitioner has his remedy in terms of Chapter-VIII Cr.P.C. which relates to security for keeping peace and for good behaviour. The persons from whom the petitioner apprehends danger to his life and liberty may be proceeded against in accordance with law if the Executive Magistrate concerned receives information in this regard and is satisfied that the said persons may commit a breach of peace Cr. Misc. No.M-27321 of 2010 [4] or disturb public tranquility or do any wrongful act that may probably occasion a breach of peace or disturb public tranquility. This Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C. is not to issue directions on the mere asking of petitioner and the petitioner may in the first instance avail his other remedies in accordance with law. The State in terms of Article 21 of the Constitution of India is obliged to protect the life and liberty of every citizen and no directions are normally to be issued by this Court in this regard. In the circumstances, the petitioner may in the first instance avail his other remedies as available to him in accordance with law. The criminal miscellaneous petition is accordingly disposed of. September 16, 2010. (S.S. Saron) Judge *hsp*