IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-20414 of 2008 Date of Decision: November 25, 2008 Kanwaljeet Singh .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Ms. Smriti Dhir, Advocate, for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition filed under Section 482 Cr.P.C. seeks transfer of investigation to some senior officer or the Crime Branch in case FIR No.115 dated 20.7.2008 under Sections 363, 366, 376 IPC, Police Station, Jaito, District Faridkot. Learned counsel for the petitioner contends that the prosecutrix has been subjected to rape. Fair investigation is not being conducted. Although five persons have been named as accused, however, only one is being proceeded against. Learned counsel for the respondent- State, on instructions from Charanjit Singh, Head Constable, states that challan has been presented on Crl. Misc. No. M-20414 of 2008 [2] 9.11.2008. Incriminating material was found only against one person namely Rohit Kumar. Considering the stage of the case, the petitioner or the prosecutrix is given liberty to file an application before the concerned Magistrate for further investigation. The defect in investigation is required to be clearly pointed out. The grievance of the petitioner that even statement of prosecutrix has not been taken under Section 161 Cr.P.C., can also be addressed as appropriate directions can be issued by the Magistrate for further investigation while considering the facts and circumstances of the case. The petition is accordingly disposed of. In view of the allegations and averments made in the petition, the Senior Superintendent of Police, Faridkot, is directed to ensure that no harm is caused to the prosecutrix or the petitioner and administration of criminal justice does not suffer. (AJAI LAMBA) November 25, 2008 JUDGE avin