- (1.) By filing this petition, the petitioner has sought directions to respondents No.2 to 4 to protect their life and liberty at the hands of respondent Nos 5 to 8.
(2.) As per the averments made in this petition, the petitioner is the Numberdar of three villages. In the year 2011, the petitioner came to know that land belonging to Punjab Government has been encroached upon unauthorisedly by respondent No.6 and he had also got installed a tubewell by showing himself as a cultivator. On coming to know about the forging of documents, the petitioner went to the local police to lodge a complaint against respondents No.5 and 6, but they refused to lodge any complaint. Thereafter, the respondents started harassing the petitioner and his family members. It is the further case of the petitioner that he sent a number of applications to respondents No.2 to 4, but all in vain. It has been alleged in this petition that on 16.4.2012, the petitioner was beaten by respondents No.5 and 6 after being dragged inside the tubewell room. He was taken to the hospital by his son. Thereafter, when he again went to lodge a complaint, the officials of the police station, instead of lodging a complaint, suggested him not to make a complaint, otherwise, it will create a number of problems for him. Petitioner was again beaten on 18.4.2012 and thus, the necessary directions be issued.
(3.) At this stage, it would be relevant to refer to the observations of the Hon'ble Supreme Court in the case of Sakiri Vasu v. State of Uttar Pradesh and another, 2008 2 SCC 409, which read thus:- 26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies 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 Cr.P.C. 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 concerned police officers, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482 Cr.P.C. ;