Criminal Misc M- 9657 of 2009 v. State of Haryana & Ors.

they have misappropriated the money and lodged false FIR against the brother of the petitioner. After hearing learned counsel for the petitioner and perusing the record, it may be noticed that the primary grievances of the petitioner is for registration of a FIR. In this regard, it may be noticed that the Supreme Court in Aleque Padamsee and others v. Union of India and others, (2007) 6 SCC 171 (SC) observed that the correct position in law is that the Police officials are to register a FIR whenever the facts brought to the notice show that cognizable offence has been made out. In case the Police officials failed to do so, the modalities to be adopted are set out in Section 190 read with Section 200 Cr.P.C. Therefore, if a person is aggrieved by the inaction Cr Misc M-9657 of 2009 2 of the Police officials in registering the FIR, the modalities contained in Section 190 read with Section 200 Cr.P.C are to be adopted and followed.

In Sakiri Vasu v. State of U.P. and others, 2008 (1) RCR (Cr.) 392 (SC) it was observed by the Supreme Court 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 lead to any satisfactory result in the sense that either the FIR is not registered or even after registering it no proper investigation is held, it is open to the aggrieved person to file such application under Section 156 (3) Cr.P.C. before the learned Magistrate concerned. If such an application under Section 156(3) Cr.P.C. is filed before the Magistrate, the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made. However, the petition under Section 482 Cr.P.C. for directing the registration of a FIR is to be done only in some rare and some exceptional cases.

In the present case, the petitioner has his remedy of approaching the Magistrate in case there is any inaction on the part of the Police in not registering the FIR. The present is not a case which would warrant the issuance of directions by this Court for registration of a FIR. In the circumstances, the petitioner if so advised, may avail his other remedies as available to him in accordance with law. The criminal miscellaneous petition is accordingly disposed of.

15.4.2009. ASR ( S.S.SARON ) Judge