RURA CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application sent by post by Rura Chand to Hon'ble the Chief Justice of this Court has been registered as the instant criminal writ petition and listed on judicial side.

(2.) In the application, prayer has been made for registration of FIR for offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Bonded Labour System (Abolition) Act, 1976. The application has been moved after the opposite party sent notice to the petitioner regarding dishonouring of the cheques allegedly issued by the petitioner. Averments made in the application prima facie appear to be defence of the petitioner in respect of proceedings qua the aforesaid cheques. In any event, for registration of FIR, writ jurisdiction or power under Section 482 of the Code of Criminal Procedure (in short -- Cr.P.C.) should not be exercised because the aggrieved person has ample remedy under ordinary law i.e. under the provisions of Cr.P.C. The aggrieved person may approach the concerned Police Station or even the Superintendent of Police. In any event, the aggrieved person can approach the concerned Illaqa Magistrate (Judicial Magistrate) for appropriate relief. Illaqa Magistrate may himself take cognizance of the complaint or may order registration of FIR as the facts and circumstances of a particular case may demand. In this view, I am supported by judgment of Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of U. P.,2007 5 LH(SC) 3910.

(3.) In view of the aforesaid, no action or order is required in the instant criminal writ petition, which is accordingly disposed of, with liberty to the petitioner to approach appropriate authority for appropriate relief in accordance with law.