IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-24323 of 2008 (O&M) Date of decision: 19th January, 2009 Harnek Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.P.S. Duggal, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Harnek Singh petitioner has stated that his son Surjit Singh was working at the shop of Commission Agent. He went out of the house on 20th September, 2006 and had not returned in the night. Petitioner suspected that it is a case of murder and one lady, Amarjit Kaur, resident of village Kaccherbhan is responsible for the murder. Notice of motion was issued. A status report has been filed by the Deputy Superintendent of Police, Govt. Railway Police, Ferozepur. It was concluded by the Investigating Officer that death of the deceased was found to be due to his striking against the railway engine and persons named in the application by the petitioner on the basis of suspicion was found to be innocent. Criminal Misc. No. M-24323 of 2008 (O&M) From the facts of this case, it emerges that the Area Judicial Magistrate, under Section 190(1)(c) Cr.P.C. is competent to redress the grievance of the petitioner. File of the present case be sent to the Area Judicial Magistrate (1st Class) who shall form an opinion whether to proceed in the present case under Section 156 (3) Cr.P.C. or 190 (1)(c) Cr.P.C. Section 190(1)(a) of the Code of Criminal Procedure vests power in the Magistrate to proceed in accordance with law when such complaint has been received and also Section 190(1)(c) to proceed when any information has been received from any person other than a police officer or upon his own knowledge that such offence has been committed. Section 156 (3) of the Code of Criminal Procedure empowers any Magistrate to order investigation as has been envisaged under Section 156 Cr.P.C. Section 2(g) of Cr.P.C. defines inquiry as under: “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;” Furthermore, Section 2(h) defines investigation, which also reads as under: “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.” After this file is received by the Judicial Magistrate (1st Class), he shall formulate his own opinion in this case to find out whether any offence has been committed and inquiry is to be conducted or an investigation is called for. Area Judicial Magistrate (1st Class) shall also 2 Criminal Misc. No. M-24323 of 2008 (O&M) peruse the inquiry report and shall find out whether any action is called for or not. The Code of Criminal Procedure vests ample powers in the Area Judicial Magistrate (1st Class) to redress the grievances of the petitioner. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE January 19, 2009 rps 3