Criminal Misc. No. M-24782 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-24782 of 2008 Date of Decision: 16.1.2009 Jarnail Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. G.S. Jaswal, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for respondents No.1 to 5. None for respondents No.6 to 42 and 44. Mr. A.K. Khunger, Advocate for respondent No.43. Ms. Harpinder Kaur, Advocate for respondent No.45. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under 482 Cr.P.C. for issuance of direction to the Secretary, Department of Home, Punjab Civil Secretariat, Chandigarh and the Director General of Police, Punjab, Chandigarh, to entrust the investigation of case FIR No. 254 dated 7.7.2005 registered at Police Station Sadar, Muktsar, under Sections 419, 420, 467, 468, 471 IPC to Vigilance/Crime Branch or to independent agency like Central Bureau of Investigation. Notice of motion was issued. Criminal Misc. No. M-24782 of 2008 2 Mr. Mehardeep Singh, learned Assistant Advocate General, Punjab, appearing for the State, has filed written statement. He has stated that the present FIR was investigated, cancellation report has been submitted and the same has been accepted by the Chief Judicial Magistrate, Muktsar. A perusal of order of acceptance of cancellation report reflect that statement of complainant Gurcharan Singh was recorded on 4.11.2008 and then cancellation report was accepted. Mr. Jaswal has stated that petitioner is also aggrieved as he had also made a statement to the police and on basis of that, FIR was not registered. He further states that complaint of Jarnail Singh, present petitioner, was submitted to police on 12.4.2005 and on that complaint investigation was marked. Lateron in June 2005, another complaint was made by one Gurcharan Singh on basis of which present FIR was registered. In case the petitioner is aggrieved that Gurcharan Singh has colluded with the accused, petitioner has a right to institute a complaint in the Court of Area (Illaqa) Magistrate) for redressal of his grievance. The petitioner has alternative remedy to institute a complaint under Section 200 Cr.P.C. in the Court of competent jurisdiction. Present petition is disposed off with liberty to the petitioner if he so wishes to take recourse to the alternative remedy available to him, under law, he may do so. (Kanwaljit Singh Ahluwalia) Judge January 16, 2009 “DK”