Crl.Misc.No.M-5454 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-5454 of 2011 (O&M) Date of Decision: 21.02.2011 M/s Narain Autos ...Petitioner Vs. State of Punjab & Ors. ...Respondents BEFORE: HON'BLE Ms.JUSTICE NIRMALJIT KAUR Present: Mr.Sandeep S.Majithia, Advocate, for the petitioner. --- Nirmaljit Kaur, J. This is a petition under section 482 of the Code of Criminal Procedure praying for directions to respondents No.2 and 3 to take appropriate legal action against respondents No.4 and 5 after registration of case under appropriate sections for cheating the petitioner as well as the court. Learned counsel for the petitioner states that he restricts his prayer to registration of FIR and further states that the petitioner shall avail his remedy in accordance with law qua the allegations of cheating and misrepresentation to the court. However, with regard to the prayer of registration of FIR Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of UP and others reported as 2008 (1) RCR (Criminal) 392, held that the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper Crl.Misc.No.M-5454 of 2011 2 investigation, and for this purpose he can also monitor the investigation to ensure that the investigation is done properly. Para 27 and 28 of the aforesaid judgment are reproduced hereunder:- “27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discharge the practice of filing a writ petition or petition under Section 482 Cr.PC simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156 (3) Cr.PC before the Magistrate or by filing a criminal complaint under Section 200 Cr.PC and not by filing a writ petition or a petition under Section 482 Cr.PC. 28. It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy the High Court should not ordinarily interfere.” In view of the above, the present petition is dismissed with liberty to the petitioner to avail of the alternative remedy available in law. (Nirmaljit Kaur) 21.02.2011 Judge rp