PREM KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Code of Criminal Procedure for issuance of directions to Respondents No. 2 and 3 to register FIR against Respondent No. 4.

(2.) THE dispute is between the brother (Petitioner) and his sister (Respondent No. 4). The same relates to the demolition of wall in portion of the house where they are staying at Mansa. In respect of the wall that has been demolished case FIR No. 133 dated 29.6.2007 for the offences under Sections 452, 506, 323 and 34 IPC has been registered at Police Station City Mansa on the complaint of Respondent No. 4. The grievance of the Petitioner is that his cross -version as mentioned in the application dated 29.6.2007 (Annexure -P.1) submitted to the SSP, Mansa (Respondent No. 2) is not being considered. It is submitted that independent FIR or, in any case, cross -version on the basis of the application dated 29.6.2007 is liable to be recorded.

(3.) IN the present case, the grievance of the Petitioner is that the version of the Petitioner is not at all being considered by the SHO Police Station City Mansa (Respondent No. 4). Even the representation dated 7.7.2003 (Annexure -P.3) that has been submitted before the Senior Superintendent of Police, Mansa (Respondent No. 2) is not being attended to. In case there is refusal on the part of the Police to register the cross -version or take action on the complaint of the Petitioner, this Court in exercise of its inherent jurisdiction under Section 482 Code of Criminal Procedure is normally not to issue directions in that regard. As already noticed, FIR in respect of the occurrence has already been registered. The Supreme Court in Hari Singh v. State of U.P., : (2006) 5 SCC 733, considered the case where direction was sought to conduct investigation by the CBI with respect to the murder of one Yashbir Singh son of the Petitioner therein. The allegations as made in the said case were to the effect that though FIR had been lodged with the Police that Yashbir Singh had been murdered and had not committed suicide but because of pressure of some influential people, the Police had not taken any positive steps and on the contrary the Petitioner therein was being harassed and threatened by certain persons. It was held that when information is laid with the Police but no action in that behalf is taken, the complainant can under Section 190 read with Section 200 Code of Criminal Procedure lay the complaint before the Magistrate having jurisdiction to take cognizance of the offence and the Magistrate is required to enquire into the complaint as provided by Chapter -XV Code of Criminal Procedure The Magistrate can also issue directions for investigation under Chapter -XII Code of Criminal Procedure and seek for submission of a report in that regard. In case in the opinion of the Magistrate, there is no sufficient ground for proceeding further he is to dismiss the complaint by briefly recording his reasons in terms of Section 203 Code of Criminal Procedure Therefore, the Petitioner has an alternative remedy in the case of approaching the Magistrate concerned by filing a complaint and it would be inappropriate in the facts and circumstances of the present case to issue directions for registration of FIR or take action on the cross -version of the FIR.