Criminal Misc. No. M- 35624 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 35624 of 2010 Date of decision:- 06.04.2011 Randeep Singh and another ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. K.S. Boparai, Advocate for the petitionrs. Mr. Vishal Munjal, Addl.A.G. Punjab. RITU BAHRI J.(Oral) The petitioners have sought direction to respondent Nos.2 to 4 to investigate the case in FIR No.251 dated 24.11.2010 under Sections 452,324,323,427,148 and 149 IPC, registered at Police Station Shimlapuri, Ludhiana in accordance with law on the complaint of Dalip Singh, father of petitioner No.1. On 24.11.2010 petitioner No.1-Randeep Singh was present in his office of his factory then one Satish Kumar alongwith other persons including Shunty and Bunty and three other unidentified persons came to the office and assaulted him with their weapons. The matter was reported to the police and an FIR was registered. Petitioner No.1 was admitted in Christian Medical College and Hospital, Ludhiana. The medico legal report of Randeep Singh is Annexure P-2. It is alleged that the investigation of the case was not being conducted in a fair manner as the accused were knowing to official respondents. The accused have not been arrested despite giving grievous injuries. Father of Criminal Misc. No. M- 35624 of 2010 -2- the petitioner is being pressurized to enter into compromise with the accused. The petitioners apprehend danger for their life and seek necessary police protection. Mr. Vishal Munjal, Additional Advocate General, Punjab submits that as per the reply filed by the Assistant Commissioner of Police, Ludhiana during the investigation of the case, SHO Police Station Shimlapuri visited the spot on 25.11.2010 during which commission of offence under Section 452 IPC was not found and as such Section 452 IPC was deleted. On 27.11.2010 petitioner No.1 made statement before the Investigating Officer that accused have also snatched cash of Rs.40,000/- and one gold chain from him, accordingly Section 382 IPC was added. Thereafter on 30.11.2010, Section 326 IPC was also added as injury on the finger of petitioner No.1 was declare grievous by the doctor. Accused Satish Sharma, on inquiry, was found innocent. On 31.12.2010 accused Lakhvir Sharma @ Shunty and Yogesh Kumar @ Bunty were arrested for commission of offence under Sections 326,323,324,427,148 and 149 IPC. Weapons of offence were also recovered. In compliance of the interim anticipatory bail orders dated 28.12.2010 passed by this Court in CRM No.M- 38458 of 2010, they were released on bail. Accused Sukhwinder Singh and Rajvir Singh have not been arrested and raids are being conducted to arrest them. The allegation that the petitioners are being pressurized to compromise, is denied. Mr. Vishal Munjal, Addl.A.G. Punjab has placed on record and made reference to an order dated 31.1.2011 passed by this Court passed in Civil Writ Petition No.1777 of 2011 whereby a direction has been given to the petitioners that re-examination be conducted by a medical board in Government Rajendra Medical College at Patiala. The police authorities shall intimate to the petitioners the date and time to appear before the Medical Superintendent of the above stated college. Vide order dated 29.3.2011 the Medical Board has been constituted in the Government Rajendra Medical College at Patiala. Copies of the Criminal Misc. No. M- 35624 of 2010 -3- orders are taken on record as Annexures A-1 and A-2. I have heard learned counsel for the parties and have gone through the case file carefully. In view of the stand taken by the respondents, the apprehension of the petitioners that a fair investigation is not being carried out, does not survive. No further orders are required to be passed in this context. However, in view of the fact that the Medical Board has been constituted on 29.3.2011 in the Government Rajendra Medical College at Patiala, a direction is given to the respondents to inform the petitioners within 15 days to appear for re- examination before the Medical Board. After re-examination the investigation shall be completed expeditiously. The criminal miscellaneous petition is disposed of. April 06, 2011 ( RITU BAHRI ) Vijay Asija JUDGE