CRM No. M-27250 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No. M-27250 of 2011 Date of decision : 29.9.2011 Balwinder Singh @ Binder ........Petitioner Vs. State of Punjab and others ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr. G.S.Singhpuria, Advocate, for the petitioner Mr. KDS Sidhu, Addl. AG, Punjab --- AJAI LAMBA, J (Oral) This petition filed under Section 482 of the Criminal Procedure Code, 1973, prays for issuance of directions to respondents No.1 to 3 to save the life and liberty of the petitioner from the hands of respondents No. 4 to 8. It has been pleaded that offences have been committed, however, no action is being taken by the official respondents. Reply by way of affidavit of Harpal Singh, Deputy Superintendent of Police, Sub Division Mansa, District Mansa, has been filed on behalf of respondents No.1 to 3. It has been brought out that FIR No. 60 dated 24.9.2011 under Sections 452, 325, 344, 148 and 149 of the Indian Penal Code, Police Station Sadar, Mansa, has been registered on the complaint of the petitioner and the case is under investigation. In view of the stand of the respondents, the petition is not pressed by learned counsel for the petitioner and therefore, is disposed of as such. Before parting with the order, however, it needs to be noticed that process of investigation involves systematic inquiry into an alleged incident or transaction from its genesis till its conclusion, with a view to search out and examine the particulars about something hidden, which would include motive, manner in which the incident or transaction has taken place and involvement of the accused (directly or indirectly), in the said incident or CRM No. M-27250 of 2011 -2- transaction, with their exact and specific roles. Informant or complainant makes a report in regard to a happening/incident/transaction which has taken place. On such report, the Investigating Agency undertakes investigation under Chapter XII, Code of Criminal Procedure, 1973 in a systematic manner. When needle of suspicion goes towards a particular person viz. the accused, his role is required to be investigated, in detail. However, the version of the complainant is one sided. The alleged accused might be innocent and might be in a position to establish his presence elsewhere or involvement of other accused, who might be the real players in the incident or transaction. The incident or transaction is to be investigated in the context of the persons, who are involved in causing it. In such circumstances, it becomes imperative for the Investigating Agency to also look into the facts, as projected by the accused. An application given by the complainant might be tainted or driven out of selfish motive and might be de hors the true facts. Manifest injustice can be caused, in case, the version given out by the accused is not inquired or investigated. In such circumstances, it is as imperative to inquire and investigate the version given by the accused as is important and relevant to investigate the version given out by the complainant or informant. Circumstances surrounding the incident or transaction would also play an important role. Medico legal report, report received from the Forensic Science Laboratory, D.N.A. finger prints, etc. if relevant in the facts and circumstances of the case, would help the investigating agency to verify whether the complainant is telling the truth or version of the accused is more believable. So many instances have come to the notice of the Court wherein CRM No. M-27250 of 2011 -3- the complainant, after committing the offence, has gone to the police to make a complaint while indicating the needle of suspicion in other misleading direction or a complaint, with fabricated allegations, has been made to put pressure on the alleged accused so as to settle a civil dispute. Ideally, the investigating agency is required to clearly mention the incriminating material collected so as to show culpability of a particular accused in commission of offence. The said material might be on scientific basis, such as medico-legal report, report from Forensic Science Laboratory or Chemical Examiner or telephone record. The evidence might be by way of statement of witnesses recorded under Section 161 Cr.P.C. or photographs. When a person is found innocent because of a plea of alibi or other circumstances showing his innocence, such circumstances are required to be depicted by material, by the investigating agency for perusal and consideration of the Court in the final report prepared under Section 173 Cr.P.C. It is as important for investigating agency to place on record the material showing innocence of a person against whom allegations might have been made by informant or complainant, as it is for the investigating agency to place material showing culpability of the real accused. Considering the scope of investigation as given herein above, it is directed that the investigating officer shall not be influenced by anything said in the petition or the fact that FIR has been lodged after the petitioner has approached this Court. A fair and effective investigation would be conducted so as to extract the true facts in terms of scope of investigation as given herein above. (AJAI LAMBA) JUDGE 29.9.2011 akm