CRM No. M 18021 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 18021 of 2010 Date of decision: 21.12.2010 Jaspal Singh and another ........ Petitioners Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr.Aman Arora, Advocate for the petitioners Mr. P S Bajwa, DAG, Punjab for the respondent -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) The present petition has been filed under Section 482 of the Code of Criminal Procedure for issuance of directions to the respondents to lodge an FIR against the accused and act in accordance with law in pursuance of the complaint dated 24.09.2009 (P1) moved by the petitioners. It was contended that an inquiry was conducted by the Deputy Superintendent of Police and he submitted his report (P-6). As per letter ( P-6), the matter was said to have been compromised between the parties. It was further held that a civil suit is pending between the parties and the parties will be bound by the outcome of the said civil suit. Hence, no further CRM No. M 18021 of 2010 2 order is required to be passed. Whereas, it has been pointed out that a civil suit had already been decided in favour of the present petitioners. Even the appeal against the said order stood dismissed and the civil suit had already attained finality. It is further stated that no consent was given by the present petitioners that they do not wish to pursue their complaint. Thus, the version of the Police authorities as stated in the said letter (P-6) is falsified from the fact that the civil suit had already been adjudicated upon. Thereby upholding the ownership of the present petitioners. As per the reply filed by the State, the matter was further investigated. The conclusion arrived at is the same as P-6. However, the said investigation appears to have been conducted by SHO, who is junior to the DSP who had conducted the inquiry earlier. In the interest of justice, let the matter be brought to the notice of the Senior Superintendent of Police, Mansa, who is directed to appoint an officer not below the rank of Superintendent of Police to hold an inquiry in the matter. The complainant be associated with the said inquiry. If the allegations are found to be correct, take appropriate measures in accordance with law. Disposed of accordingly. (Nirmaljit Kaur) Judge 21.12.2010 mohan