Cr.M.M.O. No.83 of 2008 28.8.2008 Present: Mr.Y.P.S.Dhaulta, Advocate, for the petitioners. Mr. J.S.Guleria, Law Officer, for the respondent. Heard Mr. Dhaulta, learned counsel for the petitioners at length. His main contention is that FIR of the petitioners was not registered under section 307 of the Indian Penal Code, despite the fact that injury was caused on the head of the complainant and he promptly reported the matter to the police whereas FIR in cross case regarding the same incident was registered much later against the complainant and his family members and converted under section 307 IPC. Since the investigation was not fair and the higher authorities were contacted but it was of no avail, therefore, the intervention of this court was sought. Short reply has been filed on behalf of the State. As a matter of fact, FIR No.146 of 2008 was lodged by the complainant party under sections 147, 149, 323 and 451 IPC thereafter FIR No. 147/2008 under sections 341, 342, 323 read with section 34 IPC was lodged by the accused party in Police Station Barmana with respect to the same incident, which took place on 23.6.2008 at 10.30 p.m. In FIR No.146 of 2008 above Smt. Meena Devi had sustained simple injuries and on the perusal of FIR aforesaid, I find that it fell short of the ingredients of section 307 IPC. In FIR No.147 of 2008 Ravinder Kumar had received grievous and life threatening injuries as opined by the Doctor and he was referred to PGI Chandigarh for the treatment of head injury and injuries received by Chuni Lal were also dangerous to life. The matter in both the FIRs is under investigation and in the process of collecting the evidence. Learned counsel for the petitioners could not explain as to how the petitioners’ case fell under section 307 IPC, further he could not point that their case was not being fairly investigated. The plea that the complainant party approached the police first, therefore, their case should have been registered under section 307 IPC is worth rejecting. Since I failed to find any merit in this petition, it is accordingly dismissed. August 28, 2008 (Surinder Singh),J. (D)