IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.22223-M of 2010 Date of Decision:8.10.2010 Gurjit Singh .... Petitioner Versus State of Punjab and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. R.S. Bains, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G. Punjab. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. praying for the entrustment of inquiry of the FIR No.33 dated 3.5.2007, P.S. Sarhali Kalan under Sections 420,465,466,467,468,471,120-B IPC to some independent agency on the ground that accused respondent No.4 is a nephew of respondent No.5, who is a Minister and MLA of their area. The apprehension of the petitioner almost appears to be correct as it is admitted that the cancellation report has since been submitted before the Judicial Magistrate Ist Class, Tarn Taran. However, the trial Court has ordered re-investigation. The petitioner/complainant has got registered FIR against the accused persons named in the FIR on the allegation that the accused persons had withdrawn money from the account of their grand-mother Smt. Swarn Kaur wife of Ajit Singh by showing her as having died on 29.9.2006, even though the fact was that she had died on 28.9.2006 and it was thereafter that accused persons had withdrawn money from the account of Swarn Kaur Crl. M. No.22223-M of 2010 -2- deceased by entering into conspiracy with Jagir Singh watch man, Jagbir Singh Deed Writer, Joginder Singh Clerk, Gurinder Singh @ Tony Pathewala and Sukhdev Singh Secretary, Block Chola Sahib. Learned counsel appearing on behalf of the State on instructions from HC Tarsem Singh states that DSP, who conducted the enquiry, found the allegations to be false. Accordingly, cancellation report was submitted. No doubt, the Judicial Magistrate Ist Class, has ordered re- investigation, however, the reinvestigation is being conducted by an officer junior to the DSP i.e. ASI Thiman Singh. Surprisingly, earlier the FIR was registered after the enquiry was conducted by SP(D). Thereafter, the enquiry was conducted by DSP but now the re-investigation has been handed over to ASI Thiman Singh, who is a junior officer to the officers who had earlier conducted the enquiry. The allegations made in the FIR are serious. Moreover, the allegations made in para 5 of the petition are not denied in the reply filed by the State. Taking into account the facts and circumstances as above, it would be appropriate and in the interest of justice, if the re-investigation is entrusted to an officer not below the rank of DSP of the Crime Branch, Punjab, who shall complete the investigation and submit his final report as expeditiously as possible before the Competent Court of Jurisdiction. Disposed of accordingly. 8.10.2010 ( NIRMALJIT KAUR ) rajeev JUDGE