IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-9454 of 2009 Date of decision : October 22, 2009 Jarnail Singh ....Petitioner versus State of Punjab and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Ranjit Sharma, Advocate for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Jarnail Singh complainant has filed this petition under section 482 of Code of Criminal Procedure (in short, Cr.P.C. ) for transfer of investigation of FIR No. 76 dated 17.8.2008, under sections 326, 325, 324, 323, 148, 149 IPC, Police Station Valtoha, District Tarn Taran to Crime Branch. I have heard learned counsel for the parties and perused the case file. The petitioner in statement Annexure P/1 made to the police for lodging FIR stated, interalia, that barchhi blow inflicted by Gurdev Singh hit right leg of the petitioner. However, while reproducing said statement in the FIR, it has been mentioned that barchhi blow hit right arm of the petitioner (instead of right leg). Criminal Misc. No. M-9454 of 2009 -2- In reply dated 3.9.2009 filed on behalf of respondent nos. 1 to 3 by way of affidavit of Sukhdev Singh Brar, Senior Superintendent of Police, Tarn Taran, it has been admitted in paragraph 2(iv) that in the FIR it was inadvertently stated that the petitioner received injury on his right arm, which is regretted. In view of the aforesaid, no ground for transfer of the investigation of the case to the Crime Branch is made out. Learned State counsel, on instructions from SI Harjit Singh, stated that challan in the case has already been presented against two accused. In view of the aforesaid, the instant petition is disposed of by directing that the above mentioned clerical error in the FIR shall be ignored and it shall be deemed that it has been stated in the FIR that barchhi blow hit right leg of the petitioner and not his right arm. ( L.N. Mittal ) October 22, 2009 Judge 'dalbir'