IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-23851 of 2009 (O&M) Date of Decision : August 27, 2009 Surjit Singh .... Petitioner Vs. State of Punjab and others .... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Seema Arora , Advocate for Mr. C.M.Munjal, Advocate, for the petitioner. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the investigating agency is trying to shield the accused, against whom the FIR has been lodged. She further contends that this fact is apparent from the order dated 20.03.2009 passed by this Court in Crl. Misc. No. 13557 of 2009 in Crl. Misc. No. M-2090 of 2009 titled as Jaswant Singh and others vs. State of Punjab. She further contends that despite the clear observations of this Court, the investigation has not yet been completed despite the FIR being lodged on 25.11.2008. She further contends that for the said grounds, the petitioner has already moved a representation dated 28.07.2009, copy whereof has been appended as Annexure P-3, but no action thereon has been taken till date by the Senior Superintendent of Police, Ferozepur. Crl. Misc. No. M-23851 of 2009 (O&M) -2- I have heard the counsel for the petitioner and have gone through the records of the case. The order passed by this Court in Crl. Misc. No. 13557 of 2009 in Crl. Misc. No. M-2090 of 2009 titled as Jaswant Singh and others vs. State of Punjab reads as follows:- “ Petitioner had earlier approached this Court by filing Criminal Misc. No. 33537 of 2008 which was dismissed on 19.12.2008. Subsequently Criminal Misc. No. M-2090 of 2009 was filed, which was dismissed as withdrawn and the following order on 05.03.2009 was passed. Mr. Mandeep Singh, AAG, Punjab on instructions from ASI Gursewak Singh of Police Station Sadar, Jallalabad has submitted that petitioners are to be prosecuted for offence under Section 307 read with Sections 148 and 149 IPC. Counsel for the petitioner has stated that he may be permitted to withdraw the present petition. As prayed, dismissed as withdrawn. In case petitioners surrender before the trial Court on or before 16th March, 2009, their applications for regular bail shall be decided within three days, after the period of police remand is over. Present application has been filed to say that counsel for the State, on instructions from Gursewak Singh, Assistant Sub Inspector of Sections 148 and 149 IPC. It is submitted that Paramjit Singh Parmar, Deputy Superintendent of Police, Jallalabad, had deleted the offence Crl. Misc. No. M-23851 of 2009 (O&M) -3- under Section 307 IPC vide Daily Diary No. 8 dated 25.12.2008. Daily Diary No. 8 has not been placed on record. In the present case, unlawful assembly armed with lethal weapons had attacked the house of the complainant. Many shots were fired in the occurrence. Injuries were caused in the occurrence. Use of fire arms attract offence under Section 307 IPC. The Police has colluded with the petitioners. This Court cannot shut its eyes. No merits. Dismissed.” A perusal of the above order clearly points towards the investigation not being properly conducted by the officials. This order is dated 20.03.2009. Despite the above said order, investigation has still not been completed, as is apparent from the representation dated 28.07.2009 submitted to the Senior Superintendent of Police, Ferozepur (Annexure P- 3). The petitioner, in the present petition, has also made a submission that the final report under Section 173 Cr.P.C. has not yet been submitted by the investigating agency. Keeping in view the totality of the facts and circumstances of the present case, the present petition is disposed of with a direction to the Senior Superintendent of Police, Ferozepur to consider the representation dated 28.07.2009 (Annexure P-3) in the light of the order passed by this Court on 20.03.2009 , copy whereof has been appended as Annexure P-2 and take necessary steps in accordance with law. August 27, 2009 (AUGUSTINE GEORGE MASIH ) pj JUDGE