Ramesh Kumar @ Harmesh Kumar v. State Of Punjab And ORS




    
 



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 :3  45= : - -   +  At the very outset, learned counsel for State submits that in the present case, the investigation had been completed and finding no incriminating evidence against respondent Nos. 6 to 8, a cancellation report was prepared and approved by the senior officer and has been presented in the Court of learned Illaqa Magistrate, Balachaur on 9.12.2021 and the same is pending adjudication for 7.10.2022. Therefore, he submits that the present petition has been rendered infructuous. Heard the learned counsel for the State and perused the case file.

In Sakiri Vasu vs. State. U.P. and others (2008) 2 SCC 409 Hon'ble the Supreme Court has observed that in case a person has a grievance that FIR has not been registered by the police on his complaint or even after registration of the FIR, no proper investigation is held, he can file an application under Section 156(3) Cr.P.C.before the learned Magistrate

 concerned. The relevant para runs as follows; "In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 Cr.P.C., then he can approach the Superintendent of Police under Section 154(3) Cr.P.C. by an application in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is still not registered, or that even after registering it no proper investigation is held, it is open to the aggrieved person to file an application under Section 156 (3) Cr.P.C . before the learned Magistrate concerned.

If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation. In view of the above statement made by learned State counsel and also in view of the law laid down in the case of Sakiri Vasu (supra), no further order is required to be passed in the matter and the present petition stands disposed of as having been rendered infructuous. ":, .

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