Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-20053 of 2014 Date of decision: 05.06.2014 Mewa Singh and others ....Petitioners Versus State of Punjab and others ....Respondents Present: Mr.A.P.S.Tung, Advocate for the petitioneRs.S.S.SARON, J.
The criminal miscellaneous petition has been filed seeking direction that the investigation of the case FIR No.47 dated 12.04.2014 registered at Police Station Sadar Rupnagar, District Rupnagar under Section 13-A of the Punjab Village Common Land (Regulation) Act, 1961 be got conducted by an officer not below the rank of Deputy Superintendent of Police and that proper sections be added in the FIR; besides, the accused as per the resolution dated 07.04.2014 (Annexure P-2) passed by the Gram Panchayat be nominated in the FIR.
A further prayer has been made for submitting report under Section 173 of the Code of Criminal Procedure (Cr.P.C.- for short).The grievance of the petitioner is that proper investigation in the case has not been conducted.
For this the petitioner in fact has a remedy for approaching the concerned Illaqa Magistrate.
In Sakiri Vasu v.
State of U.P.and otheRs.2008 (1) RCR (Criminal) 392, it was inter alia held by the Amit Kaundal 2014.06.06 11:32 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-20053 of 2014 -2- Hon'ble Supreme Court that in a case where the Magistrate finds that the police has not registered a case, the Magistrate can order the police to register FIR; besides, if the police has not done its duty of investigating the case at all, the Magistrate can issue a direction to the police to do the investigation properly, and can even monitor the same.
In the facts and circumstances of the case, the petitioner may in the fiRs.instance avail her remedy before the concerned Magistrate in terms of Section 156 (3) Cr.P.C.The criminal miscellaneous petition is disposed of accordingly.
(S.S.SARON) JUDGE0506.2014 A.Kaundal Amit Kaundal 2014.06.06 11:32 I attest to the accuracy and integrity of this document Chandigarh