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SUMEET GOEL
Satish Kumar Saini – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.
The petition in hand has been filed by the petitioners (who also appeared/argued in person) under Section 482 of Cr.P.C., 1973 for issuance of direction(s) for registration of an FIR against one Inspector Rupinder Singh, SHO, Police Station, Phase-8, Mohali and other accused named in the complaint dated 10.03.2024 (copy whereof has been annexed as Annexure P-1 with the instant petition) and subsequent representation dated 22.03.2024 (copy whereof has been annexed as Annexure P-2 with the instant petition); for transfer of consequential investigation of the FIR so registered to Central Bureau of Investigation (hereinafter to be referred as ‘CBI’); to compensation to the victims (including the petitioners herein) & for further direction to the official respondents not to take any coercive action against the petitioners (herein) in pursuance of any counter case registered by the Punjab Police without the leave of this Court and/or with an advance notice, of atleast, fifteen days in writing to the petitioners.
2. The gravamen of the complaint in question (Annexure P-1);which was submitted by the complainant (petitioner No.1 herein) to Director General of Pol
The court emphasized that a litigant must approach the jurisdictional magistrate for FIR registration, and the local police is competent to investigate, dismissing the petition for lack of compelling....
The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
A litigant cannot be permitted to misuse judicial process by filing frivolous petitions and easy access to justice cannot be allowed to be used as a license to file misconceived and frivolous petitio....
The court emphasized that FIR registration is mandatory for cognizable offences, rejecting locus standi as a barrier to filing complaints.
Point of Law : Provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused.
The police are required to register an FIR when a cognizable offence is disclosed, but aggrieved parties must first exhaust alternative remedies under the CrPC before seeking relief through writ juri....
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