Naib Singh v. State Of Punjab And ORS

S.No.108

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CRM-M-44100 of 2021 Date of Decision:25.10.2021 Naib Singh .....Petitioner Vs.

State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE SURESHWAR THAKUR Present:- Ms. Sunaina, Advocate for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

(Through Video Conferencing) **** SURESHWAR THAKUR, J.

Through the instant petition, the petitioner seeks directions to respondents No.1 to 5 to register an FIR against respondents No.6 to 8, for penal offences constituted under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The afore directions are asked for, as the police authorities concerned, despite an application being preferred, are not registering an FIR against the accused concerned.

The instant petition for seeking directions to register an FIR against the accused persons, is not maintainable before this Court, as the special statutory mechanism contained in Section 156(3) Cr.P.C is available for being recoursed by the petitioner, before the Court concerned. In view of the above, this writ petition is permitted to be withdrawn. However, liberty as prayed for is reserved to the petitioner to move an appropriate application, under the relevant statutory provisions RENU 2021.10.25 18:27 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-44100 of 2021 (O&M) -2before the learned Special Magistrate concerned, seeking a direction against the police authorities concerned to register an FIR against the accused persons, and, thereafter to investigate it in accordance with law. A copy of this order be given dasti on payment of ususal charges.

October 25, 2021 ( SURESHWAR THAKUR ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2021.10.25 18:27 I attest to the accuracy and integrity of this document Chandigarh