Crl. Misc. No. M-24322 of 2011 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-24322 of 2011 (O & M) DATE OF DECISION: August 19, 2011 Sarabjit Singh .........PETITIONER(S) VERSUS State of Punjab and others ........ RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. A.S. Barnala, Advocate, for Mr. R.K. Kapila, Advocate, for the petitioner(s). AJAI LAMBA, J. (ORAL) This petition filed under Section 482 Cr.P.C. prays for issuance of directions to Station House Officer, Police Station Sri Hargobindpur, District Batala to register cross case against respondents no. 6 to 11 in view of statement given by Sarabjit Singh-the petitioner in context of injuries received by Sarabjit Singh and his brother namely Sahib Singh s/o Buta Singh in an incident that took place on 06.05.2011. It has been pointed out that on the statement of respondent no. 6- Balwant Singh, FIR bearing No. 52 dated 12.05.2011 was registered in Police Station Sri Hargobindpur, District Batala, in which the petitioner and others have been arrayed as accused. Because in the same incident, the petitioner and another person has received injuries, statement was given by the petitioner which was taken down by Kulwant Singh, Chowki Incharge, Hardowal, Police Station Sri Hargobindpur on 12.05.2011, in which following has been said in the concluding portion:- “On which the injured got recorded his above Crl. Misc. No. M-24322 of 2011 (O & M) 2 mentioned statement, who after declaring his statement to be correct, affixed his signatures in Punjabi on it, which were attested by me. From the above statement a commission of offence u/s 324, 323, 148, 149 IPC is made out. But this matter is found to be suspicious. Therefore, after verification by the SHO, further proceedings shall be initiated. Rapat Roznamcha may kindly be recorded after reaching police Station.” It has been contended by learned counsel that in a tainted investigation, cross case has not been registered. Although verification was required to be done by the Station House Officer in regard to the version given by the petitioner, however, no investigation in that direction has been conducted. I have considered the contention of the learned counsel. In the incident, both the sides received injuries, as is made out from the documents placed before this Court. Under such circumstances, it becomes the duty of the investigating agency to see whether both the sides committed offences or only one side was the aggressor. Surely, after recording statement of the petitioner and stating that verification of the statement would be conducted, the Station House Officer was required to verify all the facts even from the petitioners, who might be accused in the FIR. If the statement is found to be truthful, cross case is required to be registered against the private respondents. This petition is disposed of with directions to the Station House Officer, Police Station Sri Hargobindpur, District Batala to consider the statement of the petitioner as recorded by Kulwant Singh, Chowki Incharge, Crl. Misc. No. M-24322 of 2011 (O & M) 3 Hardowal, Police Station Hargobindpur on 12.05.2011, have an investigation conducted and thereafter issue necessary directions after recording reasons as to whether cognizable offence has been committed by the private respondents side or not. If the facts and circumstances so warrant, cross case be registered. 19.08.2011 (AJAI LAMBA) shivani JUDGE