Crl. Misc. No. M-32353 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32353 of 2009 Date of decision: 11.12.2009 Amritpal Singh ....Petitioner(s) Versus State of Punjab and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE S.S. SARON Present: Mr. A.K. Bansal, Advocate, for the petitioner. Mr. P.S. Grewal, AAG, Punjab. S.S. SARON, J. As per office report, notices issued to respondents no. 2 to 8 have not been received back served or otherwise. Heard learned counsel for the petitioner and the State. This petition has been filed under Section 482 Cr.P.C. for directing respondents no. 1 to 4, especially respondent no. 4 i.e. SSP, Ropar to register FIR against respondent Nos. 5 to 8 under the relevant provisions of law with regard to the illegal detention and harassment of the petitioner on the basis of complaint dated 30.10.2009 (Annexure P-1) duly submitted to respondent Nos. 1 to 4; as respondents no. 5 to 7 at the instance and behest of respondent no. 8 had illegally confined the petitioner from 25.10.2009 to 29.10.2009 and further accepted a bribe of Rs.60,000/- being part payment of the settled bribe for release of petitioner. A further prayer has been made for issuing directions to respondents no. 4 to 7 to comply with the provisions of Section 160 Cr.P.C. i.e. to issue an advance notice to SHIVANI GUPTA 2015.12.03 15:44 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-32353 of 2009 2 the petitioner in case his presence is required in connection with any case that is registered against him. Learned counsel for the State has submitted that Mr. Varinderjeet Singh, Incharge CIA Staff, is present in person and he has stated that on the date of the alleged occurrence, he was not even posted with the CIA staff. After giving my thoughtful consideration to the matter, it may be noticed that the primary grievance of the petitioner is for registration of the FIR. This Court is, on the basis of the allegations as made in the complaint, is normally not to issue directions for registration of FIR In Aleque Padamsee and others vs. 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 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 Cr.P.C. Therefore, if a person is aggrieved by the inaction of the Police officials in registering the FIR, the modalities contained in Section 190 read with Section 200 Cr.P.C. are to be adopted and followed. In Sakiri Vasu vs. State of U.P. 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 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 the FIR is not registered or even after registering it no proper investigation is held, it is SHIVANI GUPTA 2015.12.03 15:44 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-32353 of 2009 3 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 on some rare and some exceptional cases. In the facts and circumstances, the petitioner has his remedy of approaching the Magistrate in case there is any inaction on the part of the Police in not registering the FIR. The present is not a case which would warrant the issuance of directions by this Court for registration of a FIR. In such circumstances, the petitioner may, if so advised, avail his other remedies as available to him in accordance with law. The criminal miscellaneous petition is accordingly disposed of. 11.12.2009 (S.S. SARON) shivani JUDGE SHIVANI GUPTA 2015.12.03 15:44 I attest to the accuracy and integrity of this document Chandigarh