CWP No.9847 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 9847 of 2009 Date of Decision: 15 - 12 - 2009 Vishal Joshi ....Petitioner v. State of Punjab and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Puneet Sharma, Advocate for the petitioner. Mr.K.D.Sachdeva, Addl.A.G., Punjab for respondents No.1 to 4. Mr.Sunil Chadha, Advocate for respondent No.6. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed seeking a writ in the nature of mandamus directing State of Punjab, Director General of Police, Punjab, Senior Superintendent of Police, Ludhiana and S.H.O., Police Station, Division No.5, Ludhiana to hand over investigation of FIR No.306 dated 6.11.2008 registered at Police Station Sarabha Nagar, Ludhiana under Sections 307, 323, 324,341,427,148 and 149 IPC to an independent agency like Central Bureau of Investigation. Counsel for the State has submitted that FIR has been CWP No.9847 of 2009 [2] investigated. Report under Section 173 Cr.P.C. has been submitted to the court of concerned Area Judicial Magistrate. Counsel for the petitioner has stated that earlier after investigation, report was submitted against three accused. Thereafter, supplementary report under Section 173(8) Cr.P.C. was submitted against other three accused. Grievance of the petitioner is that main accused Karambeer Singh-respondent No.6 has not been nominated as accused, though as per allegations of the complainant, his complicity is writ large. Mr.Sunil Chadha appearing for respondent No.6 has submitted that respondent No.6 in the supplementary report submitted under Section 173(8) Cr.P.C. has been kept in column No.2. It is a case of sessions trial. The final investigation report in the present case is to be committed to the Court of Sessions by the concerned Area Judicial Magistrate. Petitioner may file an application before the concerned Area Judicial Magistrate to summon the accused under Sections 190/193 Cr.P.C. or in alternate at appropriate stage, petitioner has a right to make a prayer before the trial Court to summon respondent No.6 under Section 319 Cr.P.C.. In view of the procedure laid down in the Code of Criminal Procedure, petitioner if so advised may file application under Section 190/193 or 319 Cr.P.C.. This Court has no doubt that the same shall be considered by the concerned Court, in accordance with provisions of law. With aforesaid observations, the present writ petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) December 15, 2009. JUDGE RC CWP No.9847 of 2009 [3]