CRM No. M-1272 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-1272 of 2009 (O&M) Date of decision: 15.01.2009 Surinder Kaur ...Petitioner Versus State of Punjab & others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present:- Mr. Shailendra Sharma, Advocate, for the petitioner. Rajan Gupta, J. This is a petition under Section 482 Cr.P.C. seeking a direction to respondents No.1 to 4 to register an FIR against respondents No.5 to 10 for causing grievous injuries to Surinder Kaur wife of the petitioner. The petitioner has further prayed that a direction be issued to arrest respondents No.5 to 10. Learned counsel for the petitioner has referred to the history of litigation between the parties. According to the counsel, Sulakhan Singh, husband of the petitioner alongwith his brother namely, Santokh Singh was the owner of unpartitioned land measuring 5½ Kanals in his home town, Chowk Mehta. Santokh Singh i.e. brother-in-law of the petitioner sold his share of unpartitioned land i.e. 50/243 share to Satnam Singh i.e. respondent No.5 vide registered sale deed dated 2nd June, 2008. However, immediately after purchase of the land, respondent No.5 started threatening the husband of the petitioner to CRM No. M-1272 of 2009 2 vacate the piece of land which was purchased by him. Later, due to intervention of village Panchayat, the matter was resolved vide Panchayatnama dated 9th June, 2008 and it was decided that husband of the petitioner would hand over the possession of the land in question in November, 2008. Despite the fact that the matter was resolved before the Panchayat, respondent No.5 tried to take forcible possession of the land in dispute due to which husband of the petitioner filed a civil suit wherein status quo was granted on 5th July, 2008. According to the counsel, after respondent No.5 came to know about the status-quo order, Annexure P-3, he alongwith his family members i.e. respondents No.6 to 10 attacked the petitioner and his family members and tried to take forcible possession of the land. In the attack, petitioner received three injuries out of which one was found to be grievous by the Medical Board. According to him, the matter was reported to respondent No.4 i.e. SHO, Police Station Chowk Mehta, District Amritsar, vide Annexure P-6. However, he failed to take any action. Later on, a representation, Annexure P-7 dated 27th August, 2008 was also submitted to the Senior Superintendent of Police, Amritsar City, yet no action was taken. The grievance of the petitioner is that police has failed to take any action pursuant to the complaints/representations made by the petitioner. After hearing learned counsel for the petitioner, I am of the considered view that this is not a fit case for interference in inherent jurisdiction of this court under Section 482 Cr.P.C. CRM No. M-1272 of 2009 3 In the judgment Sakiri Vasu v. State of U.P. and others, 2008 (1) R.C.R. 392, the appex court held that a petition under Section 482 Cr.P.C. seeking a direction for registration of FIR is not maintainable as an effective remedy is available under Section 156 (3) Cr.P.C. It is evident that civil litigation is already pending between the parties and the same is going before the civil court. The counsel has referred to the dispute which is pending between the parties relating to certain property. Proceedings under Section 107/151 Cr.P.C. are also pending consequent to the alleged attack on the petitioner and his family on 10th July, 2008. In the facts and circumstances of the above case, I am of the considered view that since the petitioner has effective remedies available to him under the law before the court of competent jurisdiction/ the Ilaqa Magistrate, the present petition under Section 482 Cr.P.C. deserves to be dismissed. Another prayer made in this petition is for a direction to the official respondents to arrest respondents No.5 to 10. This prayer, in my view, is misconceived. The petition is thus devoid of merit and the same is hereby dismissed. (RAJAN GUPTA) JUDGE January 15, 2009 'rajpal'