IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29657 of 2010 Date of decision: 06.10.2010 Sandeep Kumar Behal …. Petitioner Versus State of Punjab and Others ….. Respondents Present : Mr. A.S. Gill, Advocate for the petitioner. *** S.S. SARON, J. The petition has been filed under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) for directing respondents No.1 to 3 to protect the life and liberty of the petitioner from respondents No.4 to 9. A further prayer has been made for directing respondents No.1 to 3 to register First Information Report (FIR) against respondents No.4 to 9 under relevant Sections of the Indian Penal Code as made out from the complaint/representation (Annexure P5) made by the petitioner. After hearing learned counsel for the petitioner and perusing the record, it may be noticed that the primary grievance of the petitioner is for registration of FIR. In this regard, it may be noticed that the police is bound to register a FIR wherever a cognizable offence is made out. However, this Court in exercise of its inherent jurisdiction under Section 482 CrPC is normally not to issue directions for registration of FIR. In Aleque Padamsee and others v. Union of India and others, (2007) 6 SCC 171 (SC), it was observed that the correct position in law is that the Police officials are to register a FIR whenever the facts brought to the notice show that cognizable Crl. Misc. No. M-29657 of 2010 [2] offence has been made out. In case the Police officials fail to do so, the modalities to be adopted are set out in Section 190 read with Section 200 CrPC. Therefore, if a person is aggrieved by the inaction of Police officials in not registering a FIR, the modalities contained in Section 190 read with Section 200 CrPC are to be adopted and followed. In Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 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 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not lead to any satisfactory result in the sense that either the 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) CrPC before the learned Magistrate concerned. If such an application under Section 156(3) CrPC 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, a petition under Section 482 CrPC for directing the registration of a FIR is to be done only in some rare and some exceptional cases. In the circumstances, the petitioner if so advised, may avail his other remedies as available to him in accordance with law. The Crl. Misc. petition is, accordingly, disposed of. (S.S. SARON) JUDGE October 6, 2010 amit