RAJAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for issuance of direction to respondent Nos.2 and 3 for taking the action on the application of the petitioner against respondent Nos.4 to 9 for having committed the alleged offence.

(2.) Learned counsel for the petitioner has submitted that the petitioner had submitted representation dtd. 23/7/2021 (Annexure P-4) to respondent No.2 in which prayer had been made that FIR be lodged against the private respondents. In the said application, it has been pointed out that the averments have been made that materials/articles of the applicant have been forcibly thrown out from the rented shop by breaking open the lock. It has also been submitted that there is stay order from the Civil Court in favour of the petitioner and the said order has been violated. It is further averred that respondents are trying to take forcible possession of the shop.

(3.) A perusal of the said judgment would show that in the said case, High Court had entertained the petition filed under Sec. 482 of Cr.P.C. and directions had been issued to register the FIR and after considering the earlier judgment passed in Sakiri Vasu (Supra), Hon'ble the Supreme Court had set aside the order passed by the High Court observing that in case, such like petitions are entertained by the High Courts then the High Courts will be flooded with such petitions and will not be able to do any other work except dealing with such petitions and further observed that the complainant must avail his alternative remedy to approach the Magistrate concerned under Sec. 156(3) of Cr.P.C.