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2012 DIGILAW 112 (PNJ)

Sheetal v. Union Territory, Chandigarh

2012-01-23

RAKESH KUMAR GARG

body2012
JUDGMENT Mr. Rakesh Kumar Garg, J.: - Prayer in this petition is for issuance of directions to Senior Superintendent of Police, Chandigarh to register case against respondents No.4 to 8 on the basis of complaint Annexure P-2 dated 2.1.2012 for committing offence under Section 406/420/498A/506 IPC. 2. The Hon’ble Supreme Court in the case of Sakiri Vasu v. State of Uttar Pradesh and another [2007(5) Law Herald (SC) 3910] : (2008) 2 SCC 409 observed as under:- “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) CrPC or other police officer referred to in Section 36 CrPC. 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) CrPC instead of rushing to the High Court by way of a writ petition or a petition under Section 482 CrPC. Moreover, he has a further remedy of filing a criminal complaint under Section 200 CrPC. Whey then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies?” 3. In view of the aforesaid observations, this petition is dismissed with liberty to the petitioner to seek his remedy under the provisions of Code of Criminal Procedure, as aforesaid. --------------