Reena Garg v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc.No.M-3950 of 2023 Date of Decision:- 25.01.2023 REENA GARG ....Petitioner vs.

STATE OF PUNJAB AND OTHERS ....Respondents *** BEFORE :- HON'BLE MR. JUSTICE SUDHIR MITTAL *** Present:- Mr. Siddharth Gupta, Advocate, for the petitioner.

*** Sudhir Mittal, J. (Oral) The petitioner seeks issuance of directions to the official respondents to lodge an FIR against the private respondents for trying to grab his property, and to protect the life, liberty and property of the petitioner from respondent Nos. 5 to 7.

Learned counsel for the petitioner has submitted that after the complaint was submitted, the matter was investigated by Deputy Superintendent of Police, Rampura Phul and he has submitted a detailed report dated 19.05.2022 recommending the registration of an FIR, yet, the same has not been done till today. Thus, the official respondents be directed to submit a status report.

If the prayer of the petitioner is granted, it would ultimately result in registration of an FIR and for such relief, petition under Section 482 Cr.P.C. is not maintainable as has been held by the Supreme Court in Sakiri Vasu vs. State of U.P. and others, 2008 (1) RCR (Criminal) 392. Thus, direction as prayed for cannot be issued. POONAM RATHORE 2023.01.25 16:13 I attest to the accuracy and authenticity of this order/judgement

Crl. Misc.No.M-3950 of 2023 -2The petition is accordingly dismissed. However, respondent No.2 is directed to ensure that the life, liberty and property of the petitioner is protected.

January 25, 2023 ( SUDHIR MITTAL) poonam JUDGE Whether Speaking/Reasoned Yes Whether Reportable No POONAM RATHORE 2023.01.25 16:13 I attest to the accuracy and authenticity of this order/judgement