IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-9887 of 2010 Date of decision : 5.4.2010 Pushwinder Kaur …. Petitioner Versus State of Punjab …. Respondent Present: Mr. Ranjan Lakhanpal, Advocate for the petitioner. **** S.S. SARON, J. The present application has been filed under Section 482 of the Code of Criminal Procedure (“CrPC” – for short) for handing over the investigation in case FIR No.82 dated 11.5.2007 registered at Police Station Balachaur for the offences under Sections 406/498-A IPC to some independent agency outside District Nawanshahar. The grievance of the petitioner is that after registration of FIR on 11.5.2007 (Annexure P2), no proper investigation has been carried out and a cancellation report was filed by the Police. The same was taken up before the Mega Lok Adalat (Samadhan), 2008. It was observed that the FIR in question was not liable to be cancelled without arriving at logical conclusion. Therefore, file was ordered to be consigned sine die and to be taken up whenever complainant is present in the country to provide the implicating material. The complainant then filed an application (Annexure P4) before the learned Sub-Divisional Judicial Magistrate, Balachaur opposing the cancellation report. The learned Sub-Divisional Judicial Magistrate vide order dated 20.10.2009 (Annexure P5) did not agree with the Crl. Misc. No. M-9887 of 2010 [2] cancellation report submitted by the police authorities and the report was sent back to SHO, Police Station Balachaur for further investigation with the direction to submit report after further investigation. The grievance of the petitioner is that further investigations are not being carried out by the Police. After giving my thoughtful consideration to the matter, it may be noticed that the said grievance of in-action by the Police can be raised before the learned Sub-Divisional Judicial Magistrate, Balachaur itself. In Sakiri Vasu v. State of UP and others, 2008 (1) RCR (Crl.) 392 (SC) it was observed by the Supreme Court that under Section 156(3) CrPC the Magistrate can direct the FIR to be registered and can also direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made. Therefore, the petitioner in the first instance has the remedy of approaching the learned Sub-Divisional Judicial Magistrate, Balachaur itself for the inaction of not taking up further investigation, despite the matter having been sent back to the police authorities in terms of the order dated 20.10.2009 (Annexure P5). It is needless to mention that in case such an application is filed, the learned Magistrate shall take up the same and consider it in accordance with law. Accordingly, the Crl. Misc. petition is disposed of to enable the petitioner in the first instance to approach the learned Sub- Divisional Judicial Magistrate, Balachaur. (S.S. SARON) April 5, 2010 JUDGE amit