ClO v. HarwinderSingh8 Anr

Learned counsel for t he pet it ionersubm it s t hat t he applicat ion filed bYt he Pet it ionerunder Sect ion156 31CrC was wronglydism j ssed WhiChiS Cont rarYt o t he provisionsof I awand t he I aw set t led by Honble t he Suprem eCourt of I ndia Learnedcounsel furt hercont ends t hat it is set t led iaw t hat when t he poiicefailed t o regist erFI R t he aggrievedpart ym ay m ove t o t he Magist rat eunder Sect ion 156 Cr for direct ion t o regist ert he FlR t herefore t he pet it ionerm oved an applicat ionunder Sect ion 156 31 CrC before t he SDJM Maierkot la but t he Magist rat e inst ead of issuingdirect ion has t reat ed t he applicat ionas com plaintand Rani Anit a Rani Anit a 2013.03.22 13: 37 2013.03.26 15: 26 True Scanned True Scanned Copy of t he Copy of t he Original Original PHHC, PHHC, Chandigarh Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 34 C Revn No215of2010 V 21 asked t he pet it ionert o produceprelim inaryevidence vide order dat ed 19 32010 I t is also t he cont ent ion of I earnedcounsel t hat even from t he J 1 r 0 0 C5 I Z 0 I 08 rlO m eP Z bare perusalof t he applicat iona prim afacie case under Sect ions 406 420467468471 is m ade out againstt he and t he FlR has t o be regist eredby t he policeeit her on t he com plaintof t he pet it ioneror t he direct ion issued by t he I earned Learned counsel for t he pet it ioneralso relied upon t he j udgm entof Honble t he Apex Coun in t he case of Sakiri Vasu Vs St at e of UP and ot hers 2008 I RCR m inall 392 t o supporthis cont ent ion have heard t he argum ent sadvanced by I earned counsel for t he pet it ionerand have also gone t hrought he im pugnedorder passedby t he I earnedMagist rat e I n t he presentcase pet it ionerfiled an applicat ionunder Sect ion 156 31 CrC beforeSDJM Malerkot lafor issuingdirect ionst o t he police aut horit ies t o t ake necessary act ion against t he accused persons Vide order dat ed 19201 0 SDJM Malkerkot a has passedt he followingorder Com plaintpresent edt oday also filed an appiicat ionunder Sect ion 156 31 Cr for direct ingt he PoI ice of PS Cit y Malerkot lat o t ake necessary act ion and t o regist er t he I t been alleged by t he him self t hat he approachedt he policeof S t o Cit yMalerkot lat o I odget he FI R againstt he accused and t he m at t er but t he policedid not t ake any act ion againstt he accused persons I find t hat even as per own allegat ionsof t he t he policedid not t ake any act ion againstt he accused persons Accordinglyfeel t hat it shall not be appropriat et o send t he case t o t he police Accordinglyt he requestm ade by t he com plainantt o send t he JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document Rani Anit a Rani Anit a 2013.03.22 13: 37 2013.03.26 15: 26 True Scanned True Scanned Copy of t he Copy of t he Original Original PHHC, PHHC, Chandigarh Chandigarh 35 P C Revn No215of2010 31 com piaintt o t he poiiceunder Sect ion 156 31 CrP I S declined and t he cognizanceof t he com plaintis t aken byt his Court However t he reportof t he Police shall be called under Sect ion 202 CrP if requiredaft er recording evidence of t he com plainant is direct ed t o producehis ent ire evidenceon 252010 As per im pugnedorder dat ed 19201 0 requestof t he pet it ionerfor sendingt he com plaintt o t he policeunder Sect ion 156 CrP was declined however cognizanceof t he com plaintwas t aken by t he Court and it was direct ed t hat t he reportof t he policeshall be called under Sect ion202 CrPC if requiredaft er recording t he com plainantand t he evidence direct ed t o producehis evidence I ll t he case The pet it ionerhas challengedt he im pugnedorder by filingt he presentrevI Sion pet it ionon t he groundt hat I earned SDJM Malerkot la has ignoredt he allegat ionsI evelled in t he applicat ionunder Sect ion 156 31CrC t he policeagainstt he respondent sand as per set t led I aw t he FlR should which requires been regist eredagainstt he respondent sLearned counsel for t he pet it ionersubm it st hat as per set t led I aw when t he policefailed t o regist er 1 C 0 0 I C5 Z m r I 08 C0 m Z 0m FI R t he aggrievedpart ym ay m ove t o t he Magist rat eunder Sect ion156 CrPC for direct ion t o t he policet o regist erFlR I n t he presentcaset he I earned Magist rat ehas power under Sect ion 156 31CrC t o order t he policet o regist ert he case and t o t he sam e but he has failed t o exercise his which has caused I oss t o t he pet it ioner When a com plaintis received byt he Magist rat ehe has t wo opt ions He m ay eit her applyhis m ind for t he purpose of proceedingunder Sect ion 200 CrC and precedingsect ions in Chapt erXV of CrC m ay order invest igat ionby t he policeunder Sect ion 156 31Cr When t he decides t o proceedunder Sect ion 200 Cr he is said t o Rani Anit a Rani Anit a 2013.03.22 13: 37 2013.03.26 15: 26 True Scanned True Scanned Copy of t he Copy of t he Original Original PHHC, PHHC, Chandigarh Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 36 0 C Revn No215of2010 41 have t aken cognizanceof t he offence and if he refers t he case t o t he police he cannot be said t o have t aken cognizanceof any offene I f 1 com plaintis sent t o t he policeunder Sect ion 156 31CrC t he policehas t o regist era case aft er The discret ion is wit h t he Magist rat e and t here is no provisionof I aw under which t he Magist rat eis com peliedt o send t he m at t er t o t he police The has t herefore no I egal rightor privileget o insist t he Magist rat et o t ake cognizanceof t he 0Hence The power of t he Magist rat eunder Sect ion 156 31CiC I S power and it does not aHect t he officer t o furt her t he case power of The power under Sect ion 156 is wide enoughand includesall such powers which are wit h t he CrP Magist rat et also includes t he power t o order of FI R and t o order furt her if t he I S sat isfied t hat t he proper not been done Sect ion156 31Cr reads as under Any Magist rat eem poweredunder Sect ion 190 m ay order such an The as abovem ent ioned words as abovem ent ionedobviouslyrefer t o Sect ion156 11 which cont em plat es byt he officerin chargeof t he Police St at ionll Sect ion 156 31providesfor a check byt he Magist rat eon t he police it s dut ies under Chapt erXlll CrCn case where t he finds t hat t he policehas not done it s dut yof t he case at all or has not done it he can issue a direct in t o t he policet o do t he properlyand can m onit ort he sam e I n t he present case t he Magist rat ehim self has t aken cognizance of t he com plaintand has adj ournedt he case for recordingof t he evidence I t has also been m ent ionedt hat t he reportoft he POliCeShall be called under Sect ion 202 CrC j f requj redeven aft er Rani Anit a Rani Anit a 2013.03.22 13: 37 2013.03.26 15: 26 True Scanned True Scanned Copy of t he Copy of t he Original Original PHHC, PHHC, Chandigarh Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document m r 0 0 I C5 I Z 2 r 08 CO m m Z I l t 37 1 3 r P C Revn No215of2010 51 recording evidence of t he The I earnedMagist rat e has exercised his vest ed in him as per I aw as he has power eit her t o t ake cognizanceof t he com plainthim self or can send t he m at t er t o t he policefor There is not hingwrong in t he im pugned order The pet it ionbeingdevoid of any m erit is herebydism issed 122010 POOJa I DAYACHAUDHARYI JUDGE Not eNhet her t his case is t o be referredt o t he Report er YeslNo r 0 0 I CD I Z4I zl C I 9f I Vl c m 7 Z 0m Rani Anit a Rani Anit a 2013.03.22 13: 37 2013.03.26 15: 26 True Scanned True Scanned Copy of t he Copy of t he Original Original PHHC, PHHC, Chandigarh Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document