NARINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of Code of Criminal Procedure seeking direction to respondents No. 1 to 3 to register FIR against respondents No. 4 to 7 for commission of offences of cheating, forgery and breach of trust etc. and for quashing of order dated 27.11.2013, Annexure P5 vide which respondent No. 2 has approved the report dated 23.11.2013 submitted by respondent No. 3. Heard.

(2.) IT has been contended by learned counsel for petitioner that police has refused to register the FIR on wrong assertion that dispute is civil in nature whereas, criminal case is made out and that police is bound to register the criminal case against respondents No. 4 to 7 for the alleged commission of offences. He has also placed reliance upon Lalita Kumari v. Govt. of U.P. and others, 2013 4 RCR(Cri) 979 and Guru Granth Saheb Sthan Meerghat Vanaras v. Ved Prakash and others, 2013 2 RCR(Cri) 947. However, for getting registered an FIR, petitioner is having alternate remedy to approach the Illaqa Magistrate under Section 156(3) Cr.P.C. if any cognizable offence is made out as has been held by Hon'ble Apex Court in Sakiri Vasu v. State of U.P., 2007 5 LawHerald(SC) 3910. Relevant paragraphs reads as under: -