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JASJIT SINGH BEDI
Sanjay Gambir – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition for direction on fir registration. (Para 1) |
| 2. allegation of fraud and non-payment by respondents. (Para 2) |
| 3. court's emphasis on regular investigation procedures. (Para 3 , 4) |
| 4. judiciary's non-interference in police investigation. (Para 5 , 6) |
| 5. liberty to pursue alternative remedies for fir. (Para 7) |
JUDGMENT
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for the issuance of necessary directions to the official respondents to take legal action on applications dated 04.09.2023 (Annexure P-4), 06.09.2023 (Annexure P-5) and 21.09.2023 (Annexures P-6 and P-7) which had been moved against the private respondents seeking registration of an FIR and for grant of protection.
2. The learned counsel for the petitioner states that all the private respondents had committed a fraud upon the petitioner. The petitioner had raised construction for the respondents but the respondents had not paid a sum of Rs.1.4 crores to him and had forcibly retained his entire machinery and shuttering articles which were required to be recovered and his payment of Rs.1.4 crores was also to be recovered. Therefore, the offence was made out for whi
The High Court should refrain from direct interference in police investigations and encourage petitioners to seek redress through formal statutory remedies under the Criminal Procedure Code.
The main legal point established in the judgment is the importance of exhausting alternate remedies before approaching the High Court for the registration of an FIR and the direction of a proper inve....
The Court emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
The Court has inherent powers under Section 482 Cr.P.C. to transfer the investigation from one agency to another, including to the CBI, if the facts so warrant, but the same should be done in some ra....
The High Court should not entertain petitions for FIR registration under Section 482 unless the complainant shows sufficient cause for not approaching the Magistrate first.
The main legal point established in the judgment is the applicability of Section 156(3) of Cr.P.C. for seeking directions for a fair investigation in a criminal case.
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