IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-38454 of 2011 (O&M) Date of decision: 20th December, 2011 Amarjit Kaur … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. S.S. Grewal, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. praying that investigation of the case may be handed over to any specialized agency like Central Bureau of Investigation or any other agency than the local police and action be taken against the accused persons. A grievance has been made in the petition that on 4th October, 2011 at about 10.00/11.00 p.m. Gurmail Singh son of Mehar Singh and Kalu son of Gurmail Singh along with two other persons had demolished the wall of house of the petitioner and entered the house forcibly. It is further stated that the accused had also made an attempt to outrage the modesty of petitioner and had torn off her clothes. A photograph depicting the torn clothes of the petitioner has been annexed with the petition at Annexure P-2. Criminal Misc. No. M-38454 of 2011 (O&M) Mr. S.S. Grewal, Advocate appearing on behalf of the petitioner, has submitted that she had submitted an application dated 8th October, 2011 (Annexure P-3) to the various police officials but the concerned SHO-respondent No.4 has taken no action therein. During the course of arguments, counsel for the petitioner has stated that this Court should order for registration of a case and hand over its investigation to the CBI or any other specialized agency. I am not impressed with the arguments raised by counsel for the petitioner. There is a hierarchy of administration in the Police department. Section 36 of the Code of Criminal Procedure prescribes as under: “36. Powers of superior officers of police.- Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.” In case the application (Annexure P-3) is not being entertained by the police officials, the petitioner can approach the higher police officers and impress upon them for registration of the case, failing which she has got an alternative remedy of filing a private complaint in the Court of competent area judicial magistrate and invoke Section 156 (3) Cr.P.C. In support of the above said view formulated by me, reliance can be placed upon ‘Sakiri Vasu v. State of U.P. and others’, 2008 (1) RCR (Criminal) 392 and ‘Divine Retreat Centre v. State of Kerala and others’ AIR 2008 SC 1614. 2 Criminal Misc. No. M-38454 of 2011 (O&M) In view of the above, present petition is dismissed. However, a liberty is granted to the petitioner that, if so advised, she may approach the senior officers under Section 36 Cr.P.C. or file a criminal complaint in the Court of competent jurisdiction for redressal of her grievances. [KANWALJIT SINGH AHLUWALIA] JUDGE December 20, 2011 rps 3