Crl.Misc. No.M-24436 of 2010 -1- IN THE HON'BLE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-24436 of 2010 Date of decision 09.03.2011 Nishan Singh .....Petitioner Versus State of Punjab and others ......Respondents CORAM: HON'BLE MS.JUSTICE RITU BAHRI Present: Mr. M.S. Sidhu, Advocate, for the petitioner. Mr. Guninder S. Brar, AAG Punjab. Mr. Sidakmeet Sandhu, Advocate for respondents no.5 to 7. RITU BAHRI,J. The present petition under Section 482 Cr.P.C. is for issuance of a direction to the respondents No.1 to 4 to take appropriate legal action against respondents No.5 to 7 for causing injuries to the petitioner. The grievance of the petitioner is that on 23.07.2010 at about 8.30/9.00 p.m., the petitioner along with Saraj Singh, Jaswant Singh both sons of Ajit Singh were standing on the small bridge of the minor canal near their house, at that time respondent No.5 along with respondents no.6 and 7 inquired from the petitioner about their names. After this respondent No.5 started given beatings to the petitioner and he has forcibly taken to the Police Station. The allegation is that he gave beatings to the petitioner with stick after reaching the Police Station. Then the petitioner was being given beatings by respondent No.5. Respondent no.6 had stolen Rs.2000/- Crl.Misc. No.M-24436 of 2010 -2- from the pocket of the petitioner. The petitioner was kept confined in the Police Station throughout the night. The Sarpanch of the village and the father of the petitioner reached in the Police Station and took the petitioner by giving assurance to respondent no.5 that they will not take any action. After that respondent No.5-took the signatures of the petitioner and his father on blank papers before leaving the police station. As per the medico legal report the petitioner has suffered ten injuries. The DDR No.27 dated 24.07.2010 was registered in the Police Station Sadar Ferozepur on the statement of petitioner. When no action was taken by the police, the petitioner had filed the present petition. A reply has been filed by Deputy Superintendent of Police (H), Ferozepur in which it has been stated that respondent no.5 was transferred from the post of Station House Officer, Police Station Mallan Wala to Police Lines after receiving the report. A departmental inquiry was ordered against respondent No.5 on 26.07.2010. This inquiry was conducted by Shri Surjit Singh PPS Superintendent of Police (Headquarters) Ferozepur. After recording the statements of the proseuction and defence witnesses, it was concluded that the allegations levelled by the petitioner against Sub Inspector Gurpreet Singh No. 91/FR have not been proved. Subsequently, vide order dated 19.08.2010 (Annexure R-3/T) in which Human Rights Commission, Punjab, Chandigarh had directed that matter be got inquired into from an officer not below the rank of Deputy Superintendent of Police. Thereafter, the enquiry was entrusted to Sh.Surjit Singh, PPS Superintendent of Police (Headquarter) Ferozepur. The enquiry report was submitted to the Director General of Police, Punjab, which was filed by the Director General of Police on 2.10.2010 and reply was sent to Human Rights Commission vide Annexure R-4/T. Counsel for the petitioner after going through the report, is not satisfied with the enquiry, which was conducted. He seeks permission to Crl.Misc. No.M-24436 of 2010 -3- withdraw this petition to avail remedy before the Magistrate as per the judgment of Hon'ble the Supreme Court in the case of Sakiri Vasu vs. State of U.P. and others reported as 2008(2) Supreme Court Cases 409, held in para 27 which is as under :- “ 27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.PC simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154 (3) before the police officers concerned, and if that is of no avail, under Section 156 (3) Cr.PC before the Magistrate or by filing a criminal complaint under Section 200 CrPC and not by filing a writ petition or a petition under Section 482 Cr.PC.” Prayer is allowed. Dismissed as withdrawn with the aforesaid liberty. (RITU BAHRI) 09.03.2011 JUDGE Jyoti 1