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High Court of Punjab and HaryanaCRM-M/28137/2022dismissed

Rajbir v. State Of Haryana And Others

2022-07-06Mr. Justice Suvir Sehgal2 pages

CRM-M-28137-2022   

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (110) CRM-M-28137-2022 Date of decision: 06.07.2022 Rajbir

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:

Mr. J.P.Jangu, Advocate for the petitioner.

Ms. Mahima Yashpal, Deputy Advocate General, Haryana for respondent-State.

...

SUVIR SEHGAL, J.

Prayer made in the instant petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") is for issuance of direction to respondents No.2 and 3 to take action against private respondents on the basis of complaint dated 17.04.2022 (Annexure P-5) given by the petitioner as respondent No.4 has solemnized second marriage without getting divorce from her first husband and concealing this fact from the Sessions Court. Heard counsel for the petitioner.

Petitioner, who is the father of respondent No.4, is aggreived with the fact that he has submitted a complaint, Annexure P-5 to the SHO, Police Station Dharuhera, District Rewari, respondent No.3, but no action has been taken. PARDEEP NAUTIYAL 2022.07.11 18:56 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-28137-2022    It has been held by the Supreme Court in Sakiri Vasu Versus State of UP and others 2008 (2) SCC 409 and in M.Subramaniam and another Versus S. Janaki and another 2020 (2) RCR (Criminal) 788 that if a person has a grievance that the police is not registering his FIR, he can approach the Superintendent of Police under Section 154(3) of the Code by making an application in writing and even if that does not yield any result, it is open to him to file an application before a Magistrate under Section 156(3) of the Code.

In view of the above dictum of the Supreme Court, this Court is not inclined to entertain this petition.

Petition is accordingly dismissed. However, petitioner is granted liberty to take recourse to the remedy available to him in accordance with law.

(SUVIR SEHGAL) JUDGE 06.07.2022 Pardeep Whether speaking/ reasoned Yes Whether Reportable Yes/ No PARDEEP NAUTIYAL 2022.07.11 18:56 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh