Crl. Misc. No. M-18080 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18080 of 2011 (O & M) DATE OF DECISION: August 03, 2011 Narender Singh .........PETITIONER(S) VERSUS State of Haryana ........ RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Shiv Kumar, Advocate, for the petitioner(s). AJAI LAMBA, J. (ORAL) 1. This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No. 206 dated 02.05.2011 under Sections 323/506 IPC, P.S. Central, Faridabad. 2. Learned counsel contends that the petitioner, as also the complainant-Kuldeep Singh, are Advocates. The petitioner and the complainant have inimical relations and a history of earlier litigation. The petitioner is on bail in another case. So as to get the bail cancelled, by mischief, the present FIR has been lodged in connivance with the police officials of police station Central, Faridabad. Learned counsel contends that although the incident has been shown to have taken place in the Court, no such report has been made to the Presiding Officer. 3. I have considered the contention of the learned counsel. The petitioner being an accused also has a right to state his case before the Investigating Officer. 4. Process of investigation involves systematic inquiry into an Crl. Misc. No. M-18080 of 2011 2 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 transaction, with their exact and specific roles. 5. 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, 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. 6. 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. 7. Circumstances surrounding the incident or transaction would also play an important role. Medico-legal report, report received from the Crl. Misc. No. M-18080 of 2011 3 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 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. 8. While investigation is still going on in this case, no ground for quashing of FIR is made out. However, considering the facts and circumstances of the case and the legal position as narrated above, Commissioner of Police, Faridabad is directed to ensure that fair and expeditious investigation is carried out so as not to cause prejudice to the rights of the petitioner, in view of alleged involvement of police officials of police station Central Faridabad. The stand of the petitioner, as taken in the petition, shall be taken into account by the Investigating Agency before the investigation is finalized. 9. Disposed of. 03.08.2011 (AJAI LAMBA) shivani JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?