Crl. Misc. No.M-27280 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-27280 of 2010 (O&M) Date of decision:- 19.04.2011 Sarabjit Kaur ...Petitioners Versus State of Punjab and others ...Respondents. CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Jasmeet Singh Bhinder, Advocate, for, Mr. R.S. Chahal, Advocate for the petitioner. Mr. Raghbir Chaudhary, Sr. D.A.G., Punjab RITU BAHRI J.(Oral) This petition under Section 482 of the Code of Criminal Procedure is for issuance of direction to respondents to hand over the investigation of F.I.R No. 26 dated 11.03.2010 under Sections 376, 506, 34 of IPC lodged at Police Station Khui khera, District Ferozepur (Annexure P1) to some senior Police officer or an independent Agency. As per the F.I.R, on 09.03.2010, the petitioner was in need of money, so she contacted Kaka Singh s/o Kapur Singh in whose fields she was working as labourer who in turn asked the petitioner to come to Fazilka to collect money. There both Kaka Singh and Raju his driver served the intoxicant substance mixed in cold drink and raped her forcibly near Bodiwala Sugar mill situated at Fazilka, Abohar Road. After medical examination, the above said F.I.R was lodged at Police Station Khui Khera, District Ferozepur against the accused persons at the instance of the petitioner. The grievance of the petitioner is that after a lapse of more than 6 months, the police has taken no action. On notice, the reply has been filed by Karamjit Singh, PPS, Deputy Superintendent of Police, Sub Division Fazilka in Crl. Misc. No.M-27280 of 2010 (O&M) -2- which it has been stated that the case was investigated by Superintendent of Police (Detective) Ferozepur on the application filed by the accused side. Vide report dated 15.03.2010, it was found that the case lodged by the petitioner to be false. Thereafter, an application was moved to D.G.P. Chandigarh by Baltej Singh s/o Chand Singh maternal uncle of Amrinder Singh s/o Sh. Kapoor Singh stating that false case was got registered by petitioner at the behest of Sukhdev Singh of Abohar. Manit Kaur sister of mother of petitioner is living as wife with Sukhdev Singh by leaving the company of her husband namely Lachhman Singh. Sukhdev Singh has dispute with Kapoor Singh of Abohar due to sale of plots belonging to Kapoor Singh father of accused Amrinder Singh. The said application was marked to D.I.G Ferozepur Range for inquiry/re-investigation, who held a detailed inquiry/investigation and after deep probe submitted his report that the F.I.R lodged by the petitioner was false and baseless and was motivated at the instance of Sukhdev Singh against Kapoor Singh father of accused Amrinder @ Kaka has got registered case under Section 420 IPC. Photocopy of detailed inquiry held by D.I.T is enclosed as Annexure R-1. Cancellation report has been prepared after due compliance of the order of higher officer since petitioner has not furnished any further/fresh evidence in support of her case. In view of the inquiry conducted by by the D.I.G Ferozepur Range, no further directions are required to be given. Accordingly, criminal miscellaneous is disposed of. April 19, 2011 ( RITU BAHRI ) G.Arora JUDGE