IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 32572-M of 2007 Date of decision: 29th May, 2008 Basant Ram … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Anil Kumar Garg, Advocate for petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. seeking direction to the Senior Superintendent of Police, Ropar; SHO Police Station, Morinda and to CBI through its Director to register a case regarding the murder of the son of the petitioner; or to entrust the investigation to an independent agency. An affidavit has been filed by Manminder Singh, PPS, DSP Chamkaur Sahib, in which it has been stated that Vijay Kumar sustained injury on his head due to fall. It further surface that as per the report of the Chemical Examiner, from viscera of the deceased Aluminum Phosphide was found. Postmortem report also shows a number of injuries on the body of deceased Vijay Kumar. Copy of this petition be sent to the Area Judicial Magistrate, Ropar. Section 190(1)(a) of the Code of Criminal Procedure vests power in the Magistrate to proceed in accordance with law when such complaint has been received and also Section 190(1)(c) to proceed when CRM No. 32572-M of 2007 any information has been received from any person other than a police officer or upon his own knowledge that such offence has been committed. Section 156 (3) of the Code of Criminal Procedure empowers any Magistrate to order investigation as has been envisaged under Section 156 Cr.P.C. Section 2(g) of Cr.P.C. defines inquiry as under: “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;” Furthermore, Section 2(h) defines investigation, which also reads as under: “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.” After this file is received by the Judicial Magistrate (1st Class), he shall formulate his own opinion in this case to find out whether any offence has been committed and inquiry is to be conducted or an investigation is called for. The Code of Criminal Procedure vests ample powers in the Area Judicial Magistrate (1st Class) to redress the grievances of the petitioner. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 29, 2008 rps Refer to Reporter Yes 2