MANGAL SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2016-6-28
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 03,2016

MANGAL SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

HARI PAL VERMA, J. - (1.) Petitioner Mangal Singh has filed the present petition under Section 482 Cr.P.C. seeking issuance of a direction to the official respondents for registration of an FIR against the private respondents No.5 and 6 and to investigate the case in accordance with law.
(2.) Hon'ble Supreme Court in Sakiri Vasu Versus State of U.P. and others (2008) 2 SCC 409 has held as under: "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 36Cr.P.C. before the concerned police officers, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3).
(3.) 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 -;


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