IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-34792 of 2010 Date of Decision:21.01.2011 Baljinder Kaur and another .....Petitioners Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Vijay Sharma, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. **** DAYA CHAUDHARY, J.(Oral) Affidavits of ASI Palvinder Singh and HC Harminder Singh, Police Station City, Samana, District Patiala have been filed in the Court today and the same are taken on record. The prayer in the petition is that the matter be investigated by some Senior Police Officer and to take necessary action against the accused persons. Learned counsel for the petitioners submits that the matter has not been investigated fairly and the petitioners are being pressurised by the police officials to withdraw the cases. The petitioners were neither called during the inquiry nor associated with the inquiry and their statements were also not recorded. He also submits that the injuries were caused to the petitioners and they remained admitted in Civil Hospital, Samana for 13 days. The matter was reported to DIG, Patiala Range, Patiala but no action was taken. Crl. Misc. No. M-34792 of 2010 -2- Reply on behalf of respondents No.1 to 5 has already been filed, which is on the record. Learned State Counsel submits that the inquiry was conducted by DSP Samana and it was found that there was no threat perceptions to the petitioners and the alleged injuries on the person of the petitioners were self inflicted. He further submits that the statements of other persons of the locality were recorded. It has wrongly been mentioned in the petition that the statements of the petitioners were not recorded whereas their statements were recorded and they were also associated with the inquiry and only offence under Section 323 IPC is made out which is non-cognizable. In response thereto, learned counsel for the petitioners submits that if the inquiry is conducted by some Senior Police Officer then truth would come out. Learned counsel for the State also submits that he has no objection in case the investigation is conducted by some Senior Police Officer. In view of the statements made by learned counsel for the petitioners as well as learned counsel for the State and keeping in view the facts and circumstances of the case, the present petition is disposed of with a direction that the inquiry be conducted by SP Crime Branch and it be concluded within a period of two months from the date of receipt of copy of this order. Copy of the order be given dasti on payment of usual charges. January 21, 2011 ( DAYA CHAUDHARY ) renu JUDGE