IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.M.O. No.125 of 2010. Judgment Reserved on: 15.07.2010. Date of decision: 16.07.2010. Jagdish Ram … …Petitioner Versus State of H.P. … …Respondent Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioner: Mr.Chander Shekhar Sharma, Advocate. For the Respondent: Ms.Ruma Kaushik, Additional Advocate General. Dev Darshan Sud,J. The petitioner has approached this Court against the order passed by the learned Judicial Magistrate Ist Class, Amb, dated 25.5.2010, reproduced in the petition, directing the case to be registered under Sections 201, 406, 408, 409, 463, 464, 467, 461, 468, 471, 120-B of the Indian Penal Code. 2. In nutshell the grievance of the petitioner is that in the application submitted before the learned Magistrate, a specific averment had been made that a case under Section 302 of the Indian Penal Code be also 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 registered. After this order was passed on 25.5.2010, the petitioner moved another application under Section 156(3) of the Code of Criminal Procedure in which he prayed that the provisions of Section 302 be also added as by an oversight, in the first order which was passed by the Court, the learned Court did not mention this offence. 3. One another submission made in paragraph-6 of the application is that the applicant met the Dy.S.P. who has stated that he has got no objection in case Section 302 of the Indian penal Code is added, but in view of the fact that the Court only directs that the case be registered under the Sections mentioned above, he cannot do so on his own. This application has been dismissed by the learned trial Court by its order dated 18.6.2010 which is also challenged in these proceedings. 4. Primarily, the submission of the learned counsel is that the order is a non-speaking order and shows total lack of application of mind. I had also called for the file of investigation. It is trite for me to observe that the investigation will not be circumscribed by the Sections as mentioned by the learned Judicial Magistrate in his order. The investigation is in its nascent stage and if the investigation shows commission of an offence under Section 302 IPC or any other provisions of the Indian Penal Code or any other Act, the culprits would be 3 prosecuted for those offences and not solely for those mentioned by the Judicial Magistrate. Similarly, if the offences as stated by the Magistrate in his order are not disclosed, it cannot but be said that the culprits cannot be charged for them. I refrain from commenting on any of the process of investigation as the case is in its initial stage. A direction is issued to the police that the case be investigated speedily and the culprits be brought to justice. Petition is disposed of. July 16, 2010 (Dev Darshan Sud) (aks) Judge.