O R D E R

CASE NUMBER Case number 145-IV/09, Decided on BEFORE JUDICIAL 12.07.2019, by learned Judicial Magistrate MAGISTRATE FIRST Class, Palampur, District Kangra, H.P.

Aggrieved by the dismissal of application under Section 156 (3) Cr.P.C., by learned Judicial Magistrate First Class (JMFC), Palampur, District Kangra, the complainant has come up before this Court.

2. The complainant/petitioner had filed an application under Section 156 (3) Cr.P.C., which was registered as Case No.145-IV/2019. Vide order dated 12.07.2019, learned Judicial Magistrate First Class, dismissed the application on the ground that although copy of the application addressed to Station House Officer is annexed, but there was no endorsement to prove that it was in fact received by him. Further the complainant did not produce anything to prove that he had approached higher authorities i.e. Superintendent of Police, on the refusal of Station House Officer to take action. Thus, learned Magistrate observed that the powers under Section 156(3) Cr.PC can be invoked only when the complainant exhausted the remedy under Section 154 Cr.P.C.

3. I have gone through the application and the orders passed by learned Magistrate. The order passed by learned Magistrate is very well reasoned.

4. In Sakiri Vasu v. State of UP, (2008) 2 SCC 409, Hon’ble Supreme Court holds,

“[25] We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High

Court to file a writ petition or a petition under Section 482 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, firstly under Section 154(3) and Section 36 Cr.P.C. before the concerned police officers, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3).

[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) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. 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) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies?”

5. Given above, the petition is dismissed being devoid of any merit and the order passed by learned Magistrate calls for no interference. However, needless to say that the dismissal of the application by learned Magistrate and dismissal of the present petition by this Court would not come, in the way of the petitioner, in case, he proceeds to exhaust remedies under Section 154 Cr.P.C., subject to the restrictions contained under Section 468 Cr.P.C. Pending application(s), if any, shall also stand disposed of.

(Anoop Chitkara)

August 11, 2021 Judge

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