IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-3630 of 2010 Date of decision : 8.2.2010 Beant Singh …. Petitioner Versus State of Punjab and Others …. Respondents Present: Mr. Sukhjit Singh, Advocate for the petitioner. **** S.S. SARON, J. The petition has been filed under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) for directing respondents No.2 and 3 to conduct a fair and impartial investigation in FIR No.111 dated 28.10.2009 registered at Police Station Kot Bhai, District Muktsar for the offence under Section 302 Indian Penal Code (“IPC” – for short). A further prayer has been made for directing respondents No.1 to 3 to furnish status report and for directing SHO, Police Station, Kot Bhai, District Muktsar (respondent No.3) not to act as per the wishes of respondents No.4 to 6 and not to harass and humiliate the petitioner and his family members.. It is alleged by the petitioner that he is working as a Mason and his other two brothers are also Masons. It is alleged that Jagat Singh, Jagtar Singh and Gurtej Singh sons of Balwinder Singh (respondents No.4 to 6) respectively had taken forcible possession of the land of Gurtej Singh father of the petitioner and Thakur Singh, Crl. Misc. No. M-3630 of 2010 [2] father’s elder brother (Taya) of the petitioner. In this regard Gurtej Singh and Thakur Singh had filed a case in the Courts at Bathinda. Because of this Jagat Singh and others (respondents No.4 to 6) had caused injuries to Gurtej Singh, father of the petitioner and Gurdev Singh, father’s younger brother (Chacha) of the petitioner as also to Atma Singh, father’s elder brother (Taya) of the petitioner. Regarding this also a case was pending against Jagat Singh and others in the Courts at Bathinda. The brother of the petitioner namely Kakko Singh (deceased) was working at Alamwala in connection with construction. Because of the date of hearing fixed in the Court, Kakko Singh had come to village Abloo. It was about 7.00 p.m., the complainant Beant Singh, his father’s elder brother (Taya) namely Thakur Singh were returning to their house at village Abloo from village Kotli. When they reached near the house of Mandir Singh son of Jora Singh, some people had gathered there. A person was lying at water works street along with his motorcycle. When the complainant and his father’s elder brother (Taya) saw that person, they found that he was Kakko Singh, brother of the complainant. Then they disentangled him from the motorcycle and they saw that he had suffered injuries on his head and on the right knee as also injuries on his body; besides, his left arm was broken. The motorcycle was damaged from the front side. They had a dispute regarding land with respondents No.4 to 6 and they had threatened them. Therefore, the complainant had a firm belief that respondents No.4 to 6 in connivance with each other had caused the death of Kakko Singh, brother of the complainant after inflicting injuries and tried to give it a shape of an accident. Crl. Misc. No. M-3630 of 2010 [3] Learned counsel for the petitioner has submitted that the police is not taking any action in the matter. It is submitted that in view of the earlier litigation between the parties, respondents No.4 to 6 had murdered Kakko Singh, brother of the petitioner. After giving my thoughtful consideration to the matter, it may be noticed that the filed of investigation is the domain of the police and the Courts normally are not to interfere in the investigations. However, in case of inaction by the police, an aggrieved person is not without a remedy. In the facts and circumstances, it would be just and expedient that if there has indeed been inaction on the part of the Police, the petitioner approaches the Ilaqa Magistrate in the first instance. In Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392, it was observed by the Supreme Court that Section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation and it includes the power to order registration of a FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the Police. Even in State of Haryana v. Ch. Bhajan Lal AIR 1992 SC 604, it has been observed that a Magistrate is kept in the picture at all stages of the police investigation although he is not authorized to interfere with the actual investigation or to direct the police how the investigation is to be conducted. However, in case the investigating authorities transgress the circumscribed limits of their jurisdiction and improperly and illegally exercise their investigatory powers in breach of any statutory provision causing serious prejudice to the personal Crl. Misc. No. M-3630 of 2010 [4] liberty and also property of a citizen, then the Court on being approached by the person aggrieved for the redressal of any grievance has to consider the nature and extent of the breach and pass appropriate orders as may be called for without leaving the citizens to the mercy of police echelons since human dignity is a dear value of our Constitution. In the facts and circumstances, the petitioner in the first instance may approach the Ilaqa Magistrate for the redressal of his grievance regarding allegations of inaction by the Police Officials in not carrying out proper investigations. It is needless to submit that if such an application is made, the learned Magistrate shall consider the same in accordance with law. The Crl. Misc. petition is accordingly disposed of. (S.S. SARON) JUDGE February 8, 2010 amit