CRM No.M-25668 of 2010 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-25668 of 2010 (O & M) Date of decision : 9.8.2011 Mohinder Kaur ........Petitioner Vs. State of Punjab and others ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.A.S.Barnala, Advocate, for the petitioner Mr.Manoj Bajaj, Addl. AG, Punjab --- AJAI LAMBA, J (Oral) This petition has been filed under Section 482 of the Criminal Procedure Code, 1973 praying for registering FIR in regard to the fact that Balwant Singh son of the petitioner is missing. It has been pleaded on behalf of the petitioner that Palo Bai- respondent No.4 is the wife of Balwant Singh and had illicit relations. The said fact is known and can be conclusively proved. Balwant Singh went missing and therefore, the mother of Balwant Singh namely the petitioner apprehends on suspicion that cognizable offence has been committed qua her son Balwant Singh. Reply has been filed on behalf of the State by way of affidavit of Joginder Singh, Deputy Superintendent of Police (Head quarters) Ferozepur. It is the admitted case that Balwant Singh has been missing since 15.4.2010. Having admitted the said fact coupled with the allegation that wife of Balwant Singh had illicit relations and Balwant Singh might have been murdered or kidnapped for the purpose of murder, surely, investigation under CRM No.M-25668 of 2010 (O & M) -2- Chapter XII of the Criminal Procedure Code was required to be done. The needful, however, has not been done till date. Without lodging of FIR, investigation cannot be undertaken. However, after lodging of FIR, the Investigating Agency has powers under the Criminal Procedure Code, 1973 to take appropriate steps to unearth the truth in regard to the alleged incident. When the facts & circumstances of this case are considered, it becomes apparent that the police agency of Police Station City Ferozepur has failed in discharge of its duties under Section 154 of the Criminal Procedure Code in lodging of FIR. Accordingly, this petition is allowed. Respondent No.3 is directed to lodge FIR and thereafter, undertake investigation as required by law. In view of the delay already caused, it is directed that investigation shall be taken up on day to day basis. (AJAI LAMBA) JUDGE 9.8.2011 akm