logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 PHC 083 print Preview print Next print
Court : High Court of Punjab & Haryana
Case No : CRM-M-No. 34753 of 2026
Judges: THE HONOURABLE MR. JUSTICE KULDEEP TIWARI
Parties : Braham Raj Versus State of Punjab & Others
Appearing Advocates : For the Petitioner: Rishma Verma, Advocate (through video conferencing). For the Respondents: Amit Kumar Goyal, Addl. AG.
Date of Judgment : 26-06-2026
Head Note :-
Comparative Citation:
2026 PHHC 088164,
Summary :-
Statutes / Acts / Rules Mentioned:
- Sections 406 and 420 IPC
- Sections 307, 323, 342, 447, 34, 427 and 506 IPC and Section 25 of Arms Act
- Sections 318(4), 336(2), 338, 336(3), 340(2), 61(2) of BNS, 2023

Catch Words:
FIR, complaint, police inaction, writ jurisdiction, direction, apprehension to life and liberty

Summary:
The petitioner, a travel agent, sought a court direction for respondents No.1‑5 to act on his complaint and for respondents No.6‑10 to have an FIR registered, alleging trespass, kidnapping, and assault. He claimed the incident was captured on CCTV and that police had taken no action despite his prior approach. The State highlighted the petitioner’s involvement in three other FIRs under various IPC, Arms Act, and BNS provisions. The Court observed that the petitioner has a statutory remedy by approaching the concerned magistrate and has not exhausted it. Since the complaint is already under police consideration, the case does not merit extraordinary judicial direction. Consequently, the petition was dismissed, with a suggestion to file a detailed representation to the police for threat assessment.

Conclusion:
Petition Dismissed
Judgment :-

(Oral):

1. Through the instant petition, the petitioner has approached this Court for issuance of a direction upon the respondents No.1 to 5, to take action on complaint (Annexure P-1) and to register FIR against the respondents No.6 to 10, with the allegations that they not only trespassed into office of the petitioner, however, in order to kidnap him, he was dragged out of his office and were given severe beatings.

2. Learned counsel for the petitioner submits that the entire incident was captured in the CCTV installed there. She further submits that even there are serious threats advanced to the petitioner. Finally, she submits that the petitioner has already approached the police authorities concerned. However, till date, no action, whatsoever, has been taken against the assailants.

3. Mr. Amit Kumar Goyal, Addl. AG, Punjab, who is present in the Court on advance notice of the petition, representing the respondent-State, on the other hand, submits that the petitioner is a travel agent, and is involved in three other FIRs, the details of which are mentioned hereinafter :-

                    1. FIR No.55 dated 09.04.2025 under Sections 406 and 420 IPC, P.S. Division No.6, Jalandhar;

                    2. FIR No.163 of 2023, under Sections 307, 323, 342, 447, 34, 427 and 506 IPC and Section 25 of Arms Act, P.S. Division No.7, Jalandhar; and

                    3. FIR No.203 of 2024 under Sections 318(4), 336(2), 338, 336(3), 340(2), 61(2) of BNS, 2023, P.S. Sadar Jalandhar.

4. He further submits that the complaint (Annexure P-1) submitted by the petitioner is under consideration with the authorities concerned, and in order to wriggle out of his criminal liabilities, on account of his being involved in other criminal cases, the petitioner has approached this Court by way of the instant petition, for creating unnecessary pressure upon the authorities concerned and on the complainant in those FIRs.

5. This Court has heard the submission made by learned counsel for the parties concerned.

6. As per the MLR, the petitioner has suffered only one injury, which is simple in nature. The petitioner is seized of an effective remedy of approaching the Illaqa Magistrate concerned, if at all he has any grievance with regard to inaction on the part of the police authorities, for not taking any action on his complaint so far. However, no such efforts were made by the petitioner, rather, he has straightway approached this Court by invoking the writ jurisdiction.

7. In the circumstances as explained above, this Court is of the considered opinion that the instant case is not an exceptional case, requiring this Court to direct the police authorities concerned, to forthwith register an FIR, specifically when the petitioner is seized of a statutory remedy. In addition, when the police authorities are considering the complaint (Annexure P-1) preferred by the present petitioner.

8. Consequently, no case is made out to pass any such asked for directions. Accordingly, the instant petition is dismissed.

9. In case, the petitioner has any apprehension to life and liberty, he can approach the authorities concerned, at first instance, by moving a detailed representation. In case, the petitioner files such representation before the authorities concerned, the latter by virtue of the prevalent SOPs, shall assess the threat perception, and thereupon, take necessary action.

10. Needless to say that passing of above direction upon the police concerned, would not construe that this Court has made any observations, for not taking any action on the complaint preferred by the petitioner, against the private respondents.

 
  CDJLawJournal