IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M- 30034 OF 2010 Date of decision : 11.10.2010 Balraj Singh ….. Petitioner Versus State of Punjab …… Respondent Present: Mr. S.K. Bawa, Advocate for the petitioner. **** S.S. SARON, J. The present petition has been filed seeking directions to put up status-report regarding the presentation of challan in case FIR No.15 dated 7.3.2010 registered at Police Station Jaitu, District Faridkot, for the offences under Sections 465, 467, 468, 471, 120-B, 419 and 420 IPC. The petitioner has alleged that the Investigating Officer informed him on 28.9.2010 that the challan in the case would be presented. However, the same could not be filed as the Court time was over and the concerned Judicial Officer had left the Court. The next day the petitioner asked about presenting the challan and the Investigating Officer informed that it would be filed as soon as possible as he was busy in government duty. It may be noticed that the investigation of a case and filing of challan is primarily the domain of the Police and the Courts normally do not interfere in the same. In Sakiri Vasu v. State of UP, 2008 (1) RCR (Crl.) 392 it was observed by the Supreme Court that Section 156(3) CRM No. M- 30034 OF 2010 [2] CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation. It includes the power to order registration of a FIR and of ordering a proper investigation, if the Magistrate is satisfied that a proper investigation is not being done or has not been done by the Police. Therefore, in case there is in-action on the part of the police in not investigating the matter or in not filing the challan, the petitioner may, in the first instance, approach the Ilaqa Magistrate. Accordingly, this petition is disposed of with liberty to the petitioner to approach the Ilaqa Magistrate in the first instance. (S.S. SARON) JUDGE October 11, 2010 amit