Akshay Duggal v. State Of Ut Chandigarh And Others
2023:PHHC:097583 CRM-M-37033-2023 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-37033-2023 (O&M) Date of decision: July 31, 2023 Akshay Duggal ....Petitioner versus State of U.T., Chandigarh and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Sanjeev Kumar, Advocate for petitioner.
Mr. Akashdeep Singh, Additional P.P. U.T., Chandigarh. ***** ARUN MONGA, J. (ORAL) This is a petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') seeking issuance of directions to respondents No.1 and 2 to carry out a fair and impartial investigation into alleged incident arising out of FIR No.0094 dated 09.07.2023, under Sections 279, 337 of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station East Sector 26, Chandigarh. 2.
Learned counsel for the petitioner contends that on 09.07.2023 at about 6:00 p.m., when petitioner was driving his car towards Sukhna Lake, a Gypsy with two occupants, bearing Registration No.PB-65K-9412 driven recklessly at an extremely high speed came from behind. It hit the car of the petitioner when he was waiting at red lights at Khalsa College Traffic Light Point, Sector 26/7, inflicting injuries to the occupants and damage to the vehicle.
3.
Notice of motion.
4.
Mr. Akashdeep Singh, Additional P.P. U.T., Chandigarh appears on service of advance copy of petition and accepts notice on behalf of U.T., Chandigarh. 5.
In my opinion, the petitioner ought to have first approached learned Ilaqa/Area Magistrate under Section 156 (3) Cr.P.C for redressal of his grievance, if any, before directly approaching this Court. If such an application is made and Magistrate is, prima facie, satisfied, he can, in case FIR has already been registered, as is the instant MAHAVIR SINGH 2023.08.01 17:04 I attest to the accuracy and authenticity of this order/ judgment
2023:PHHC:097583 CRM-M-37033-2023 (O&M) case, Section 156 (3) ibid empowers a Magistrate to ensure proper investigation, which includes in his discretion, if he deems it necessary, recommending change of investigating officer. Reference may be had to Apex Court judgments in Sakiri Vasu versus State of U.P and others1 and Sudhir Bhaskarrao Tambe versus Hemant Yashwant Dhage and others2 wherein it was observed that they have found in this country that the High Courts have been flooded with petitions praying either for registration of FIR or for a proper investigation. 6.
In the premise, instant petition is dismissed. Petitioner is, however, at liberty to approach the appropriate forum for redressal of his grievance, as aforesaid. 7.
Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE July 31, 2023 mahavir Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No 2008 (2) SCC 409 2(2016) 6 SCC 277 MAHAVIR SINGH 2023.08.01 17:04 I attest to the accuracy and authenticity of this order/ judgment