HIMANSHU KAUSHAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 CrPC, petitioner has prayed to issue appropriate directions to respondent No.2 -Senior Superintendent of Police, Hoshiarpur to take necessary legal action on his representation dtd. 10/3/2022 (Annexure P3), including registration of FIR on the basis of said representation and the enquiry report dtd. 12/8/2022 (Annexure P4).

(2.) On 9/1/2023, following order was passed by this Court: -

(3.) Pursuant to the aforesaid order, respondent No.4 made appearance through his counsel and in his reply raised objection about the maintainability of this petition, in view of the settled proposition of law laid down by Hon'ble Supreme Court in Sakiri Vasu Vs. State of UP and others, 2008(2) SCC 409 and Subramaniam and another Vs. S. Janki and another, Criminal Appeal No.102 of 2011, decided on 20/3/2020 as per which, petition under Sec. 482 CrPC cannot be entertained, when alternative remedy to approach the Magistrate under Sec. 156(3) Cr.PC, is available.