IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.800 of 2006 Date of Decision:- 20.10.2009 Som Singh ....Petitioner(s) vs. State of Punjab and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.P.S.Goraya, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. The prayer in the present revision petition is for setting aside the order of the Judicial Magistrate, Ist Class, Tarn Taran dated 23.7.2005 vide which the untraced report submitted by the police in respect of case bearing FIR No.12 dated 28.1.2002 under Sections 302/201 IPC registered at Police Station Jhabal, stands accepted without issuing notice to the complainant (petitioner), who is the father of one of the deceased, namely, Sukhdeep Singh and Head Constable Rachhpal Singh who was brother-in- law of Sukhdeep Singh (deceased). Counsel for the petitioner contends that the notice on the untraced report submitted by the police was required to be issued to the petitioner who is the complainant but the learned Judicial Magistrate, Ist Class Tarn Taran had been issuing notice to Rajbir Singh son of Harbakhshish Singh who is an accused in the case. The prosecution Agency also did not bring it to the notice of the Court that the complainant was the Crl.Rev.No.800 of 2006 -2- petitioner and various notices which were issued by the Judicial Magistrate, Ist Class, were all addressed to Rajbir Singh son of Harbakhshish Singh. Obviously, the accused would not appear before the Court as he knew that he was not a complainant and in any case, had he appeared also, he would have never opposed the untraced report submitted by the police. The learned Judicial Magistrate, Ist Class, Tarn Taran proceeded to accept the untraced report submitted by the police on the ground that the complainant has not come present to contest the untraced report. He, on this basis, submits that the impugned order dated 23.7.2005 passed by the Judicial Magistrate, Ist Class, Tarn Taran deserves to be set aside. Counsel for the State is unable to rebut the contentions as raised by the counsel for the petitioner. In view of the above, the present revision petition is allowed. Order dated 23.7.2005 passed by the Judicial Magistrate, Ist Class, Tarn Taran is set aside. It has been brought to the notice of this Court that the petitioner had preferred Crl.Misc.No.25264-M of 2003 Som Singh vs. State of Punjab and others wherein a prayer had been made by the petitioner to get the case investigated through the C.B.I. or some independent Agency. The said petition came up for hearing before this Court on 4.10.2005 wherein the counsel for the State had stated that the investigation of the case has been handed over to the Special Investigation Team constituted by the Sr. Superintendent of Police. The said investigating team was headed by SP (D) and other members of the Team consisted of DSP, Inspector CIA and SHO of the concerned Police Station. Since the investigation had already Crl.Rev.No.800 of 2006 -3- been handed over to the Special Investigation Team, the petition was ordered to have been rendered infructuous. The said order came to be passed on 4.10.2005 which is subsequent to the order passed by the Judicial Magistrate, Ist Class dated 23.7.2005. In pursuance thereto, subsequently reinvestigation has been done and further untraced reports have been submitted which have not been accepted by the Judicial Magistrate, Ist Class, Tarn Taran. It would also not be out of way to mention here that the petitioner had preferred Crl.Misc.No.M-20146 of 2006 wherein prayer was made for handing over the investigation of the case to the Central Bureau of Investigation. The said petition has been allowed by this Court today and the matter stands referred to Central Bureau of Investigation (CBI) for further investigation. October 20, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE