Bhagat Singh v. State Of Punjab And Others

TAPINDER SINGH MANN 2016.07.11 16:38 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 21489 of 2016 Date of decision: 11.7.2016 Bhagat Singh Petitioner vs.

State of Punjab and ors Respondent

Present:

Mr. GS Sandhu, Advocate.

M.M.S.BEDI,J.

The petitioner has approached this court invoking the inherent jurisdiction u/s 482 Cr.P.C. for a direction to the police authorities to inquire into the conduct of the persons, mentioned in the complaint, alleging that he was duped by Kartar Singh and others. Before inherent jurisdiction is exercised against any administrative authority, it is required to be seen whether any legally enforceable right exists in favour of the complainant and whether the authority to whom a direction is sought has competence to look into the complaint/ representation.

A perusal of Annexure P-1 indicates that the grievance of the petitioner has not been addressed to the competent authority. The nature of the allegations, levelled by the petitioner could be looked into by the SHO of the concerned police station or the SSP of the area, as per the provisions of Section 154(1) and 154(3) Cr.P.C. The complaint Annexure P1 is neither addressed to the SHO nor to the SSP concerned, as such, no direction can be issued to enforce any statutory right of the petitioner in this petition.

The petition is disposed of as premature with liberty to avail an appropriate legal remedy and to file a complainant before the competent authority having jurisdiction to look into the complaint. July 11 ,2016 ( M.M.S.BEDI ) TSM JUDGE