- (1.) AMRIK Singh -petitioner has filed this petition against the State of Punjab and others under Section 482 Cr.P.C. for issuing directions especially to respondent No.2 to register a criminal case against respondents No.4 to 10 as they had committed the commission of a cognizable offence and grievous injuries were given to the petitioner and further to safeguard and protect the life and liberty of the petitioner as well as other family members as requested by him in his request on 8.7.2013. I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab appearing for the respondent - State.
(2.) FROM the record, I find that the petitioner has already approached the Hon'ble High Court seeking directions to respondent No.2 to look into his request dated 8.7.2013 and take appropriate steps by filing civil writ petition. That writ petition was disposed of with direction to respondents No.2 -Senior Superintendent of Police, Batala to consider the request dated 8.7.2013 submitted by the petitioner as his representation and to look into the grievances raised therein and if need be take action in accordance with law.
(3.) AS regards the representation dated 8.7.2013, this Court has already passed the order and the same matter cannot be re -agitated again. As regards the relief for registration of FIR, I find that the petitioner has alternative remedies available to him. He can approach the Magistrate under Section 156(3) Cr.P.C. He can file a private criminal complaint. He can also approach the Superintendent of Police etc. under Section 154(3) Cr.P.C. In Sakiri Vasu v. State of U.P. and others, 2008 1 RCR(Cri) 392, the Hon'ble Supreme Court has held 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). 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.";