Advocates Appeared:
For the Appellant :Mr. Pranav Handa, Advocate
For the Respondent: Mr. Karunesh Kaushal, AAG, Punjab

JUDGMENT :

Deepak Gupta, J.

1. By way of this petition filed under Section 482 CrPC, petitioners pray for issuance of direction by this Court to respondents No.1 to 3 i.e., State of Punjab, Sr. Superintendent of Police, Jalandhar Rural, Jalandhar; and Station House Officer, Police Station Patara, Jalandhar Rural, Jalandhar to conduct fair, proper and speedy investigation in the representation dated 06.10.2023 (Annexure P1) and for registration of the FIR against respondent No.4.

2. The grievance of the petitioners is that they made representation (Annexure P1) to SSP, Jalandhar Rural, Jalandhar and SHO, Police Station Patara, Jalandhar Rural, Jalandhar to take action in accordance with law and for registration of FIR against respondent No.4, who embezzled and misappropriated payment of water/sanitation bills, water tank bills and electricity bills of village Budhiana, District Jalandhar to the tune of Rs. 10 lakh, duping entire residents of the village. Petitioners also made reference of the earlier complaints made to the Deputy Commissioner, Jalandhar and holdings of the inquiries etc., despite which no action has been taken against respondent No.4.

3. Since petitioners approached this Court for getting an FIR registered against respondent No.4, without approaching Jurisdictional Magistrate, this Court vide order dated 7th December, 2023 asked Ld. counsel for petitioner to assist this Court in the light of law laid down by Hon'ble Apex Court in 'Sakiri Vasu Vs. State of U.P. and others' (2008) 2 SCC 409; and 'M. Subramaniam and another Vs. S. Janaki and another' (2020) 16 SCC 728.

4. In response to the above, ld. counsel for the petitioner has referred to a decision of Hon'ble Supreme Court rendered in SLP (Crl.) No. 5883 of 2020 tiled as 'Sidhu Janak Nagargoje Vs. The State of Maharashtra and others' decided on 08.08.2023, wherein Hon'ble Supreme Court referred to the Constitutional Bench judgment of Hon'ble Supreme Court rendered in "Lalita Kumari Vs. State of Uttar Pradesh and others" (2014) 2 SCC 1 and held that registration of the FIR is mandatory under Section 154 CrPC, if the information discloses commission of cognizable offence. After holding so, the appeal filed against the order of the High Court, which had declined the Writ Petition seeking direction to register the FIR, was allowed.

5. This Court is receiving large number of such petitions filed either under Section 482 CrPC or under Article 226 of the Constitution of India seeking issuance of direction to the Police authorities to register the FIR and conduct investigation, without even approaching the Jurisdictional Magistrate. Ld. State counsel was accordingly asked to assist this Court as to whether this Court should issue directions, when a petitioner has approached this Court despite having alternative remedy of approaching Jurisdiction Magistrate.

6. Ld. State counsel has referred to decisions of Hon'ble Supreme Court rendered in Sakiri Vasu (Supra) and M. Subramaniam and another (Supra), so as to contend that petitioners should first approach the Jurisdictional Magistrate instead of straightway coming to this Court.

7. I have considered submissions of both the sides.

8. In the case of Lalita Kumari (Supra), the issue considered by Constitutional Bench of Hon'ble Supreme Court was as to whether a police officer is bound to register a First Information Report upon receiving any information relating to commission of a cognizable offence under Section 154 CrPC; or the Police Officer has the power to conduct a preliminary inquiry in order to test the veracity of such information before registering the same. Hon'ble Supreme Court, while holding the registration of the FIR immediately as mandatory, if the information discloses commission of offence, concluded and issued directions as under: -

"Conclusion/Directions:

111) In view of the aforesaid discussion, we hold:

i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of