Crl.Misc.No.M-12844 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-12844 of 2008 Date of Decision: 19 - 1 - 2009 Krishan Kumar .....Petitioner v. State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.R.K.Hooda, Advocate for the petitioner. Mr.Mehardeep Singh, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Ritu daughter of the petitioner is missing from her house since 2006. Ritu and one Sukhdev Ram son of real sister of the petitioner have left their house after having married against the wishes of their parents. They had filed Criminal Misc. No.8571-M of 2005 in this Court which was disposed off on 10.2.2006. It was recorded in the order that Ritu and Sukhdev Ram being major have solemnized the marriage against the wishes of parents of Ritu. They were apprehending danger and harassment at the hands of petitioner. Grievance of counsel for the petitioner is that marriage between Ritu and Sukhdev Ram is void as it was within prohibited degree and could Crl.Misc.No.M-12844 of 2008 [2] not be recognized. Whether Ritu has been eliminated by the petitioner or some body else, is a matter which require to be thoroughly investigated. From the facts of this case, it emerges that the Area Judicial Magistrate, under Section 190(1)(c) Cr.P.C. is competent to redress the grievance of the petitioner. File of the present case be sent to the Area Judicial Magistrate (1st Class), Moga who shall form an opinion whether to proceed in the present case under Section 156 (3) Cr.P.C. or 190 (1)(c) Cr.P.C. Section 190(1)(a) of the Code of Criminal Procedure vests power in the Magistrate to proceed in accordance with law when such complaint has been received and also Section 190(1)(c) to proceed when any information has been received from any person other than a police officer or upon his own knowledge that such offence has been committed. Section 156 (3) of the Code of Criminal Procedure empowers any Magistrate to order investigation as has been envisaged under Section 156 Cr.P.C. Section 2(g) of Cr.P.C. defines inquiry as under: “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;” Furthermore, Section 2(h) defines investigation, which also reads as under: “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.” After this file is received by the Judicial Magistrate (1st Class), Crl.Misc.No.M-12844 of 2008 [3] Moga, he shall formulate his own opinion in this case to find out whether any offence has been committed and inquiry is to be conducted or an investigation is called for. The Code of Criminal Procedure vests ample powers in the Area Judicial Magistrate (1st Class) to redress the grievances of the petitioner. With these observations, present petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) January 19, 2008. JUDGE RC