Criminal Misc. No. M-33959 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-33959 of 2008 Date of Decision: 11.2.2009 Naginder Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Vivek Goyal, Advocate for the petitioner. Mr. Anter Singh Brar, Senior Deputy Advocate General, Punjab, for respondents No.1 to 3. None for respondent No.4. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for handing over the investigation of the case FIR No. 163 dated 1.8.2008 registered at Police Station Phillaur, District Jalandhar, under Sections 302, 201 & 364 IPC to some independent agency. Written statement has been filed in which it has been stated that one Harminder Singh alias Raja and his mother Surjit Kaur were arrested and they were released on bail. It has been stated by Mr. Brar that efforts are being made to search for Jaideep Singh son of the petitioner who is stated to have died on account of asphyxia as a result of ante mortem drowning. Criminal Misc. No. M-33959 of 2008 2 From the facts of this case, it emerges that the Area Judicial Magistrate, under Section 190 (1)(c) Cr.P.C., is competent to redress the grievance of the petitioner. File of the present case be sent to the Area Judicial Magistrate First Class who shall form an opinion whether to proceed in the present case under Section 156(3) Cr.P.C. or 190(1) (c) Cr.P.C. Section 190(1)(a) of the Code of Criminal Procedure vests power in the Magistrate to proceed in accordance with law when such complaint has been received and also Section 190(1)(c) Cr.P.C. to proceed when any information has been received from any person other than a police officer or upon his own knowledge that such offence has been committed. Section 156(3) of the Code of Criminal Procedure empowers any magistrate to order investigation as has been envisaged under Section 156 Cr.P.C. Section 2(g) Cr.P.C. defines inquiry as under:- “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court”. Furthermore, Section 2(h) Cr.P.C. defines investigation, which also reads as under:- “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf”. Criminal Misc. No. M-33959 of 2008 3 After this file is received by the Judicial Magistrate Ist Class, he shall formulate his own opinion in this case to find out whether any offence has been committed and inquiry is to be conducted or an investigation is called for. The Code of Criminal Procedure vests ample powers in the Area Judicial Magistrate (Ist Class) to redress the grievances of the petitioner. With these observations, present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 11, 2009 “DK”