2010(1) LAW HERALD (P&H) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mahesh Grover
Crl.Misc.Petition No.M-29554 of 2008
Manpreet Singh.
v.
Union Territory of Chandigarh & Ors.
{Decided on 08/12/2009}
For the Appellant: Mr. Sanjay Kaushal, Advocate.
For the Respondent Nos. 1 to 3: Mr. D.D.Sharma, Advocate.
For the Respondent No.4 : Mr. Karan Vir Nanda, Advocate.
IMPORTANT POINT
FIR--Registration of FIR--Once Magistrate exercises powers under Section 156(3), the police is bound to register FIR if allegations disclose commission of cognizance offence and investigate the matter thereafter and submit report under Section 173(2) of Cr.P.C. in such a case.
(A) Criminal Procedure Code, 1973, S.173(2)--FIR--Registration of FIR--Complaint for--Compliance of Sec.156(3)--Allegations that respondent no.4 tresspassed shop of petitioner--Investigation officer on basis of statement of few persons in vicinity submitted report that respondent no.4 was tenant in shop--Learned Magistrate accepted report and held that no offence is made out without taking fact that no FIR was registered--Impugned order set aside--Matter remanded to Magistrate who shall ensure that provisions of Section 156(3) of Cr.P.C. are strictly complied. (P.11, 12, 13 & 14)
(B) Criminal Procedure Code, 1973, S.156(3) & 173(2)--FIR--Registration of FIR--Complaint for--Once Magistrate exercises powers under Section 156(3), the police is bound to register FIR if allegations disclose commission of cognizance offence and investigate the matter thereafter and submit report under Section 173(2) of Cr.P.C. in such a case--No such procedure followed--Matter remanded. (P.9)