Ritu Bahri, J. - (1.) LEARNED Counsel for the Petitioner contends that he is Lamberdar of the village and he had made a complaint on 15.11.2008 to Respondent No. 4 against one Ranjit Singh son of S. Kulwant Singh of village Kalo Majra on the allegations as stated in the complaint. The Petitioner made a request to Respondent No. 4 to take legal action against said Ranjit Singh and his fire -arm be deposited in the Police Station and his arm licence be cancelled but no action has been taken so far. The Petitioner had approached this Court in Crl. Misc. No. M -5480 of 2009 which was disposed of with liberty to the Petitioner to approach the Senior Superintendent of Police Patiala. The Petitioner approached the authorities in compliance of the order dated 26.2.2009 but no action was taken. However, the Petitioner had filed another application bearing Crl. Misc. No. 41330 of 2009 which was disposed of by this Court. Thereafter, the Petitioner again approached the authorities but no action has been taken so far. It is alleged that on 24.9.2010 Ranjit Singh had misbehaved with the Petitioner and had threatened him. A written complaint in this regard has been given on 13.9.2010 to Respondent No. 4. The Petitioner has been approaching this Court alleging that the police is not taking any action on his representation and on the alleged act of harassment.
(2.) THIS petition is being disposed of with liberty to the Petitioners to approach the Magistrate under Section 156(3) and 200 of the Code of Criminal Procedure as per decision of the Supreme Court in Sakiri Vasu v. State of U.P and Ors., 2008 (1) RCR 392 wherein the observations of the Supreme Court are as under: 27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 of the Code of Criminal Procedure simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the police officers concerned, and if that is of no avail, under Section 156(3) of the Code of Criminal Procedure before the Magistrate or by filing a criminal complaint under Section 200 Code of Criminal Procedure and not by filing a writ petition or a petition under Section 482 of the Code of Criminal Procedure.;