CRM No. M 12248 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 12248 of 2010 Date of decision: 08.02.2011 Ramandeep Kaur ........ Petitioner Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Atul Lakhanpal, Senior Advocate with Mr. R S Chahal, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C for issuance of direction to the respondents to hand over the investigation of FIR No. 10 dated 02.02.2010 under Sections 363, 376, 34 IPC, registered at Police Station Qila Lal Singh, District Gurdaspur to some senior police officer or an independent agency. The allegations are serious. FIR was registered on the statement of the prosecutrix herself. Thereafter, reply was filed by way of affidavit of DSP, Batala, stating therein, that PO proceedings have been initiated against the accused and their arrest warrants have been issued by the court of Shri CRM No. M 12248 of 2010 2 Sanjeev Kundi, JMIC Batala. Thereafter, an other reply dated 17.11.2010 was filed, stating therein, that no such incident had taken place and the FIR has been falsely got registered due to party faction in the Village. Surprisingly and admittedly, the accused persons were not even arrested and inquiry was conducted by recording statements of almost half of the village. Whereas, in an offence punishable under Section 376 IPC, medical report, statement of the prosecutrix and other circumstantial evidence are most important. The FIR with those kind of allegation cannot be investigated or final report cannot be submitted on the basis or on account of absence of evidence/witness. Whereas, Mr. K S Pannu, DAG, Punjab, on instructions from SI-Pritam Pal, states that the cancellation report is being filed in this connection. The apprehension of the petitioner therefore, appear to be correct. In view of the above and in the interest of justice, the investigation in the present be handed over to the State Crime Branch, to be conducted by an officer not below the rank of SSP Crime Branch, who shall enquiry into the allegations and submit final report as expeditiously as possible preferably within three months from today. Disposed of as such. (Nirmaljit Kaur) Judge 08.02.2011 mohan