- (1.) The petitioner has filed this petition under Section 482 Cr.P.C. for directing respondents No.2 and 3 to register a case against the accused persons as per the representations (Annexures-P.2 to P.5) as the contents of the same bring out commission of cognizable offences against them.
(2.) The brief background of the case is that the petitioner is serving in the Army and his marriage was solemnized with Mandeep Kaur about six years ago and he has two children, namely, Navreet Gill aged 5 years and Ranbir Gill aged 1 year. His old parents are aged about 60-65 years and are residing in the house and there is no one to look after them. His mother is heart-patient and used to remain sick. It is submitted in the petition that the wife of the petitioner started quarreling with him regarding separate residence from her in-laws after one year of marriage and in order to settle the dispute, the relatives and respectable persons got separated them and she is residing separately for the last about four years from the parents of the petitioner. Due to the matrimonial dispute, the wife of the petitioner along with her parents, brothers and relatives had taken household articles and when he tried to stop them, he was attacked with 'Dangs' and his wife scratched his face with her nails and his fatherin-law and mother-in-law caught hold him from his hair and threw him on the ground. His father tried to rescue him from these persons, but they also attacked him and threatened to kill. They also stole 6 Tola gold from the locker of Almirah (4 gold rings, 2 gents, 2 ladies, gold bracelet, one pair of gold topus, one gold bangle and gold chain) and Rs. 20,000/- cash. From the averments made in the petition, the petitioner wants to register a criminal case against his wife and in-laws. The grievance of the petitioner is that the respondents are not registering case against the accused persons. I have heard learned counsel for the petitioner and have gone through the record.
(3.) After giving my thoughtful consideration to the matter, it may be noticed that in Sakiri Vasu v. State of U.P. and others, 2008 1 RCR(Cri) 392 , it was observed by the Supreme Court as under:- "11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C. by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156 (3) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation. 17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation. 18. It is well-settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective. Thus where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its execution. 25. We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a petition under Section 482 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, firstly under Section 154(3) and Section 36 Cr.P.C. before the concerned police officers, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3). 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. 28. It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy the High Court should not ordinarily interfere.";