IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-19683 of 2011 (O&M) Date of decision : 5.7.2011 Prabhjot Kaur ....Petitioner Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.A.S.Dhaliwal, Advocate for the petitioner. ..... MAHESH GROVER, J. The petitioner by virtue of this petition under Section 482 of the Code of Criminal Procedure prays for issuance of direction to official respondents No.1 to 4 for transferring the investigation of FIR No.195 dated 31.12.2010 under Sections 420/376/313/511/120-B IPC, registered at Police Station Sadar Pathankot, district Gurdaspur, outside District Gurdaspur, and also prays that some senior police official above the rank of Superintendent of Police may be entrusted with the investigation of the case. The grievance of the petitioner stems from her perception that complicity of two of the persons has not been established by the police and as a consequence thereof they have been exonerated. The facts of the case reveal that the petitioner got married with respondent Crl.Misc.No.M-19683 of 2011 (O&M) -2- No.5 as per Sikh rites on 11.10.2003, The said marriage, however, did not work out and consequently a petition under Section 13-B of the Hindu Marriage Act was filed and divorce was granted on 17.7.2008. After the dissolution of the marriage the petitioner was persuaded by the family of the private respondents and some elders and she was brought back to the matrimonial home. Thereafter, she went to stay at Hyderabad where respondent No.5 was posted. There a joint affidavit was executed that the parties will continue to live as husband and wife and they did so with effect from 26.3.2010 which resulted in resumption of conjugal rights between the petitioner and respondent No.5. The petitioner then conceived a child and her allegation is that she was forced to undergo a sex determination test , to which she did not agree, which again resulted in bad relations between the parties. The petitioner on 31.12.2010 lodged the aforesaid FIR. Her grievance now is limited to the effect that the inquiry is not being conducted properly and that she has no confidence in the police officials who are conducting the inquiry. She thus prays that direction be issued in the manner which has been detailed in the foregoing paragraph. On due consideration of the matter, I am of the opinion that the prayer of the petitioner as made in the petition is not worthy of acceptance. There is hardly any material from where it can be inferred that the investigation is not being carried out appropriately. However, in case certain persons have been let off, who, according to the petitioner, were instrumental in the commission of the offences that Crl.Misc.No.M-19683 of 2011 (O&M) -3- she alleges, she has a remedy under the law to file appropriate complaint against them. The Courts under Section 482 Cr.P.C. ought not to determine the course of investigation unless the facts are so glaring that an inescapable inference can be drawn that such investigation is either unfair or incompetent. The facts as made out in the petition do not suggest such an inference. Consequently, the petition is held to be devoid of any merit and is dismissed with liberty to the petitioner to avail herself of any other remedy available to her for redressal of her grievance, if any. 5.7.2011 (MAHESH GROVER) JUDGE dss