MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr.PC, filed by the petitioner, seeking a direction to the official-respondents No. 1 to 7 to register an FIR against respondent Nos. 8 to 15, for the offences under Sections 467/468/471/465/420/120B, IPC.

(2.) IT was alleged that since the aforesaid respondents had committed the acts of forgery, cheating, fraud, etc., the petitioner approached the local Police for the registration of the FIR against respondent Nos. 8 to 15, but since the Police failed to register an FIR, even after the petitioner approached the Senior Police Officers, the petitioner filed a criminal complaint for the offences under Sections 193/209/467/468/471/465/420/120B, IPC, against the said respondents, in the Court of JMIC, Nawanshahar. It was alleged that the learned Magistrate sent the said complaint to the SHO, Police Station, Nawanshahar, vide order dated 27.5.1997, with a prayer to investigate the matter and to submit his report. It was alleged that inspite of the aforesaid directions, the Police did not register the FIR and did not investigate the matter, even though it involved cognizable offences. It was alleged that instead the Police gave a detailed report dated 12.8.1997, copy Annexure P5, in which it was found that accused respondent Nos. 8 to 15 were prima facie guilty of having committed the various cognizable offences complained of. It was alleged that since the Police had failed to register the FIR, on the basis of the criminal complaint referred to above and since the Police had given assurance to the petitioner that the FIR shall be registered against the accused respondent Nos. 8 to 15, subject to the condition that the petitioner would withdraw the criminal complaint from the Court, on the assurance of the Police to register and FIR, the petitioner withdrew the aforesaid criminal complaint on 28.3.1998, vide copy Annexure P6. It was alleged that the Police, however, again put off the petitioner on one pretext or the other and finally refused to register the FIR and to take action against the aforesaid respondents. It was alleged that the DSP had held the inquiry when the matter was sent to the Police under the orders of the Magistrate and had found respondent Nos. 8 to 15 guilty of the various cognizable offences. However, inspite that, no FIR was registered by the Police. It was accordingly prayed that directions be given to official respondent Nos. 1 to 7 to register the FIR against respondent Nos. 8 to 15, as per the allegations made in the complaint and the inquiry report.

(3.) I have heard learned counsel for the parties and perused the record carefully.