(1.) HEARD learned counsel Mr. Raman Sharma for the petitioner and Sh. S.S. Randhawa, Deputy Advocate General, Punjab for respondents No. 1 to 3.
(2.) THIS is a petition filed under section 482 Cr.P.C. seeking issuance of a direction to the respondents particularly respondent No. 3, Station House Officer, Police Station Sardar, Hoshiarpur to register the F.I.R. against the private respondents No. 4 to 12. Copy of the complaint on the basis of which FIR is sought to be registered has been placed on record as annexure P/2 dated 3.2.1997. The petitioner approached the Station House Officer, Police Station Sadar, Hoshiarpur praying for the registration of F.I.R. in respect of the occurrence mentioned therein but no action was taken by him and thereafter she filed a representation before the Superintendent of Police (Operation), Hoshiarpur; copy annexure P/2. Even then no action was taken. Petitioner, thereafter, approached the Chief Judicial Magistrate, Hoshiarpur and filed an application copy annexure P/1, seeking registration of F.I.R. It has been stated by Mr. Raman Sharma, Advocate that Chief Judicial Magistrate, Hoshiarpur instead of deciding the application returned the same in original to the petitioner who had to approach this court by means of filing this petition. The petition was initially filed by the petitioner in person, however, legal assistance was provided to her and now Mr. Raman Sharma, Advocate is assisting her in this case. The stand taken in the reply filed by the respondents No. I to 3 is that matter was got enquired into and it was found that civil litigation was pending between the petitioner and the private respondents and as such the F.I.R. was not registered. The provisions contained in section 154(1) Cr.P.C. categorically go to show that once the commission of cognizable offence is disclosed to have been committed by the accused, mentioned therein, the Station House Officer incharge of the concerned police station has to register the First Information Report. In case the Station House Officer incharge of the police station fails to register the First Information Report of such cognizable offence then the aggrieved person has a right to approach the Superintendent of Police under section 154(3) Cr.P.C. In the instant case the petitioner first of all approached the Station House Officer incharge of the concerned police station as required under section 154(1) of Cr.P.C. and on refusal to register the F.I.R. she availed the remedy provided under section 154(3) Cr.P.C. but no relief was granted to her. The petitioner even approached the Chief Judicial Magistrate who also did not act on the application and did not even think proper to treat the same as criminal complaint in case he was of the view that no direction for registration of First Information Report can be given to the police authorities though as per law settled by Apex Court how the Magistrate can in law issue a direction for registration under section 156(3) of Cr.P.C. The stand taken by the official respondents No. 1 to 3 also cannot be said very proper in the case and is not as a matter of fact in accordance with the settled law. Undoubtedly, the petitioner had an alternative remedy of filing a criminal complaint but in the instant case she had already approached the Court of Chief Judicial Magistrate who has refused to exercise the jurisdiction in the case.
(3.) IN the facts and circumstances and also considering the pendency of the civil litigation is no bar in registration of First Information Report provided a case is made out within the four corners of Section 154(1) Cr.P.C. I deem it appropriate in the instant case where the disclosure of commission of cognizable offence has been alleged, allowed this petition and issue a direction to respondent No. 3 to register the First Information Report on the basis of complaint copy of which is Annexure P/2 dated 3.2.1997. This direction shall be complied with expeditiously but not later than a fortnight from the date of receipt of copy of this order. Copy of order be given dasti on usual charges. Petition allowed.