GURBHEJ SINGH SANDHU Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2011-1-327
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 17,2011

Gurbhej Singh Sandhu Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Nirmaljit Kaur, J. - (1.) THIS is a petition under Section 482 of Code of Criminal Procedure for issuance of direction to Respondents No. 1 to 4 to register an FIR and take action against Respondents No. 5 to 8 on the basis of complaint made by the Petitioner on 29.03.2010 for fraud, cheating, criminal breach of trust and misappropriation of the property of the Petitioner.
(2.) THE Petitioner is the son of Respondent No. 5 -Tarsem Singh. It is not disputed that the Petitioner had given Power of Attorney in the name of his father. It is also not disputed that on the date, the transaction took place, the power of attorney was still in the name of his father. Section 156(3) of the Code of Criminal Procedure, reads as under: 156(3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.
(3.) THE above provision shows that the Magistrate has the power to inquire into or try under the provisions of Chapter XII. Under Section 156(3), the Magistrate is also empowered under Section to order investigation and direct the registration of the FIR.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.