151 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-35904-2026 (O&M) Date of Decision: 06.07.2026 RAJINDER SINGH …PETITIONER V/S STATE OF PUNJAB AND OTHERS …RESPONDENTS CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Harpreet Singh Multani, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG Punjab. **** SHALINI SINGH NAGPAL J. (Oral) 1. The petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023, seeks the following reliefs:- (i) Direction to official respondents No.2 to 4 to take legal action against Malvinder Singh Giaspura, Sudarshan Kumar Sharma @ Pappu, Jaiharan Sharma, Sukhbir Singh Tiwana and all other persons involved in occurrence dated 26.05.2026, including registration of FIR and to conduct fair, impartial and expeditious investigation. (ii) Direction to official respondents No.2 to 4 to consider and decide petitioner’s representation dated 26.05.20226, Annexure P6. (iii) Direction to local police to protect the life and liberty of the petitioner & his family members and to ensure that petitioner is not subjected to illegal harassment, coercion or false implication at the instance of private SUMIT SINGLA 2026.07.06 19:05 I attest to the accuracy and integrity of this document CRM-M-35904-2026 (O&M) -2- respondents or any other person. 2. Learned counsel for the petitioner submits that petitioner’s wife contested Municipal Council Elections from Ward No.7, Municipal Council, Doraha as a candidate of Indian National Congress Party. Polling was conducted on 26.05.2026. During the polling, local MLA Malvinder Singh Giaspura along with his associates allegedly arrived at the polling station and attempted to interfere with the peaceful conduct of polling and to influence electoral process. When petitioner objected, he was allegedly abused, threatened and physically assaulted in the presence of voters, polling officials and police personnel. The entire occurrence was recorded through mobile phones. Petitioner along with other local residents staged a peaceful protest in Main Bazar, Doraha. On assurance extended by the police, petitioner submitted a detailed complaint seeking registration of criminal case against the persons responsible for the occurrence. However, no FIR was registered. On account of political influence exerted by private respondents, petitioner had apprehension that he and his family members may be subjected to harassment, false implication and threats to their life and liberty. 3. In Sakiri Vasu vs. State of U.P. and others, (2008) 2 SCC 409, Hon'ble Supreme Court observed as under:- “11. 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 SUMIT SINGLA 2026.07.06 19:05 I attest to the accuracy and integrity of this document CRM-M-35904-2026 (O&M) -3- 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. 4. In Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and others, (2016) 6 SCC 277, Hon'ble Supreme Court observed as under:- “2. This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) Cr.P.C. If such an application under Section 156(3) Cr.P.C is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary,recommending change of the investigating officer, so that a proper investigation is done in the matter. We have said this in Sakiri Vasu case because what we have found in this country is that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation. 3. We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his SUMIT SINGLA 2026.07.06 19:05 I attest to the accuracy and integrity of this document CRM-M-35904-2026 (O&M) -4- alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation.” 5. If petitioner is aggrieved with the act of official respondents of not registering FIR, he is at liberty to avail appropriate alternative remedy in accordance with law. So far as protection of life and liberty of the petitioner is concerned, mere apprehension of the petitioner that he and his family members may be subjected to harassment, false implication and threats is not sufficient. In the absence of any tangible or credible threat perception, this Court does not find it a fit case to issue any directions to the official respondents. 6. The petition stands disposed of. 7. Pending miscellaneous applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) 06.07.2026 JUDGE Sumit Singla Whether speaking/reasoned Yes/No Whether reportable Yes/No SUMIT SINGLA 2026.07.06 19:05 I attest to the accuracy and integrity of this document