Criminal Revision No. 2180 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 2180 of 2009 Date of decision: 12-1-2010 Murari Lal .........Petitioner Vs State of Haryana .........Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present: Ms Monisha Lamba, Advocate, for the petitioner Mrs. Neena Madan, Addl. A.G. Haryana HARBANS LAL, J. This revision is directed against the order dated 10.3.2009 passed by the court of learned Judicial Magistrate Ist Class, Faridabad whereby he dismissed the application moved by the petitioner for giving a direction to the S.H.O./Investigating Officer, Police Station Saran to produce the status report of F.I.R. No. 152 dated 15.7.2008 under Section 147/149/323 I.P.C. I have heard the learned counsel for the parties, besides perusing the record with great care and circumspection. The learned counsel for the petitioner has submitted with a good deal of force that as per prosecution case, the petitioner has been beaten up mercilessly and acid was poured on his face as well as his body and as its consequence, he suffered serious injuries and 90 per cent burns over his body and 3% burns on his face. His eyes were damaged completely. Criminal Revision No. 2180 of 2009 2 He lodged F.I.R. No. 152 dated 15.7.2008 at Police Station Saran. The accused are roaming about freely. He moved an application. The court of learned Judicial Magistrate Ist Class Faridabad has dismissed the application with the observations that the investigation is still pending and that being so this application is not maintainable. She further puts that in view of Sakiri Wasu Vs. State of U.P. and others 2008(1) Recent Criminal Reports(criminal) 392 it was obligatory upon the Magistrate to call for the status report and for his having deviated from his duty to do so the impugned order is liable to be set aside. As against this, the learned State counsel maintained that the law no where contemplates that the Investigating Agency can be forced to submit such a report. I have given a deep and thoughtful consideration to the rival contentions. In Sakiri Wasu's case (supra), it has been observed by the Hon'ble Supreme Court that in cases where the Magistrate finds that the police has not done its duty of investigating the case at all or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly and can monitor the same. In the present, one there are no such allegations against the police. If the police has not been doing the duty of investigating the case satisfactorily, the petitioner could have made a request to the learned Ilaqa Magistrate to issue a direction to the police in the afore-extracted terms. A careful reading of the entire gamut of Sakiri Wasu's judgment would reveal that it no where says that the Ilaqa Magistrate can seek the status report from the police agency investigating the case. That being so, the impugned order does not suffer from any Criminal Revision No. 2180 of 2009 3 illegality or material irregularity. Sequelly this petition is dismissed. (HARBANS LAL) JUDGE January 12, 2010 RSK NOTE: Whether to be referred to the Reporter or not? Yes/No