BALJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court by way of the instant petition under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.) to direct the police authorities to register the case against respondent nos.5 to 9 on the complaint of the petitioner. Heard.

(2.) The petitioner has more efficacious remedy to approach the learned Illaqa Magistrate for appropriate relief. Illaqa Magistrate has power under Sec. 156(3) Code Criminal Procedure to order registration of FIR if deemed appropriate or in other words, if a sufficient ground is made out for the same. In other eventuality, the Illaqa Magistrate may himself proceed to inquire into the complaint and pass appropriate order. Thus, remedy before the Illaqa Magistrate is more efficacious because if he finds sufficient cause for ordering registration of FIR, he would pass the order immediately on presentation of complaint but the instant petition would take several months before appropriate direction for registration of FIR is passed, even if a case is made out for the same. Thus, it is apparent that the remedy before the Magistrate is more efficacious.

(3.) In fact if FIR is not registered by the Police on complaint of cognizable offence being made to the police, the proper remedy to be adopted by the complainant is as set out in Sec. 190 read with Sec. 200 Code Criminal Procedure by filing a complaint before IIlaqa Magistrate. It has been so held by the Honourable Apex Court in Aleque Padamsee and others Vs. Union of India and others, 2007(3) Law Herald (Supreme Court) 2269. The aforesaid conclusion is further re-enforced by following observations of the Honourable Apex Court in the case of Sakiri Vasu Vs. State of U.P., 2007(5) Law Herald (Supreme Court) 3910 :-