Punjab-Haryana High Court
Swarna Singh And Another vs State Of Punjab And Others on 10 May, 2010
Author: S.S. Saron
Bench: S.S. Saron
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-13542 of 2010
Date of decision : 10.5.2010
Swarna Singh and another
.... Petitioners
Versus
State of Punjab and Others
..... Respondents
Present : Mr. S.K. Chawla, Advocate for the petitioners.
***
S.S. SARON, J.
The Crl. Misc. petition has been filed for directing the official respondents to carry out investigation in FIR No.20 dated 8.3.2009 registered at Police Station Jaitu, District Faridkot for the offences under Sections 406, 420, 506 read with Section 120-B IPC.
The grievances of the petitioners are that the police has failed to take even a single step towards the investigation of the case so as to effect the recovery of the 'trolla'. The petitioners have stated that they have filed a representation but despite that there has been inaction.
In Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392, it has been observed by the Supreme Court that if no proper investigation is held, it is open to the aggrieved person to file an application under Section 156 (3) CrPC before the learned Magistrate concerned. If such application under Section 156 (3) CrPC is filed before the Magistrate, the Magistrate can direct the FIR Crl. Misc. No. M-13542 of 2010 [2] 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 has been carried out. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.
In the facts and circumstances, the petitioner in the first instance may approach the Ilaqa Magistrate concerned complaining of the inaction, if any, by the Police Officials in not carrying out fair and proper investigations. It is needless to submit that if such an application is made, the learned Magistrate shall consider the same in accordance with law.
The Crl. Misc. petition is accordingly disposed of.
(S.S. SARON) JUDGE May 10, 2010 amit