IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-2829 of 2009 Date of decision: January 30, 2009 Sri Shiv Durga Trust/Mandir Committee ….. Petitioner Versus State of Punjab and others ….. Respondents Present: Mr. S.L. Bhalla, Advocate for the petitioner. **** S.S. SARON, J. This petition under Section 482 of the Code of Criminal Procedure has been filed for directing Director General of Police, Punjab (respondent No.2) to transfer the investigation of the case i.e. the complaint (Annexure P1) as preferred by the petitioner against respondents No.5 to 9 and for directing the concerned Police officials within whose jurisdiction the offence has been committed to take appropriate action against the accused persons by registering a case under the provisions of Sections 434, 447, 379, 380 and 34 IPC as respondents No.5 to 9 are trying to influence the investigation with relation to the aforesaid case and have got the aforesaid matter/investigation transferred to Patiala with their influence. A prayer is made to get the matter investigated through the local police official in whose jurisdiction the offence has been committed i.e. Fatehgarh Sahib or in the alternative to transfer the inquiry to some other area except Patiala as the accused persons belong to Patiala and are trying to get the inquiry/investigation done in their favour. The petitioner through its President has filed the present petition inter alia alleging that despite the complaint dated 2.1.2009 (Annexure P1) submitted to Senior Superintendent of Police, Fatehgarh Sahib, no action is being taken by the Crl. Misc. No. M-2829 of 2009 [2] Police and neither has any FIR been registered. Therefore, it is submitted that FIR in the case is liable to be registered and the matter be investigated. Besides, the investigation is liable to be undertaken by the local Police. In this regard it may be noticed that in the case of Aleque Padamsee and others v. Union of India and others, (2007) 6 SCC 171, it was observed that the police officials ought to register the FIR whenever facts brought to their notice to show that a cognizable offence has been made out. However, in case the petitioner is aggrieved by the inaction of the police officials in registering the FIR or recording the cross-version, the modalities as contained in Section 190 read with Section 200 CrPC are to be adopted and observed. This Court in exercise of its inherent jurisdiction is not normally to issue directions for registration of FIR. In Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392, it has been observed by the Supreme Court that in case the 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 yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an 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 also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation. Therefore, in case the petitioner has any grievance against the inaction of the Police, the modalities as noticed above are to be adopted and followed and it is not for this Court in exercise of its inherent jurisdiction in the facts and circumstances of the present case to order registration of FIR or to interfere in the field of Crl. Misc. No. M-2829 of 2009 [3] investigation which is primarily the domain of the Police. In the afore-noticed circumstances, there is no merit in this petition and the same is accordingly dismissed. (S.S. SARON) JUDGE January 30, 2009 amit