Crl. Misc. No. M-21193 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-21193 of 2010 (O&M) Date of decision: 26.7.2010 Ghulla Singh and others ...Petitioners Versus State of Punjab & others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Naresh Jain, Advocate, for the petitioners. Rajan Gupta, J. (oral) The petitioners have preferred this petition under Section 482 Cr.P.C. praying therein that investigation of two FIRs registered against them be handed over to some independent agency, with a further prayer that case under relevant sections be registered against the private respondents as also to protect the possession of the petitioners over the land in dispute. Learned counsel for the petitioners has submitted that there is a long pending dispute between the petitioners and the private respondents (5 to 11) regarding certain property situated in village Bharu, Tehsil Gidderbaha, District Muktsar. Due to said dispute, the private respondents attacked them and inflicted grievous injuries. However, instead of registering a case against them, an FIR was registered against the petitioners under Sections 452, 382, 323, 148/149 IPC (FIR No.73 dated 25th June, 2010). On an earlier occasion, another Crl. Misc. No. M-21193 of 2010 2 FIR had been registered against the petitioners under Sections 447, 448, 452 IPC (FIR No.49 dated 5th May, 2010) due to dispute about the same land. Learned counsel submits that in view of recalcitrant attitude of the police, the investigation of the case needs to be handed over to an independent agency and a case ought to be registered against the private respondents under relevant sections of IPC. A direction also needs to be issued to protect the possession of the petitioners over the land in dispute. I have heard learned counsel for the petitioners and given careful thought to the facts of the case. It appears that the petitioners have a long pending land dispute with respondents No.5 to 11. Admittedly, civil litigation was already pending between the parties when the FIRs in question were registered. The FIR No.49 and FIR No.73 were registered on 5.5.2010 and 25.6.2010 respectively. Hardly two months time has elapsed in the registration of the first FIR. Learned counsel for the petitioners has not been able to advance any argument to show that investigation of the case is not being conducted in a proper manner. I am, thus, not convinced that the same needs to be handed over to an independent agency. As regards the prayer for registration of case against private respondents for assaulting the petitioners, an effective remedy is available to them under Section 156 (3) Cr.P.C. as held by the apex court in Sakiri Vasu v. State of U.P. and others, 2008 (1) R.C.R. 392. The prayer for protecting the possession of the petitioners on the land in Crl. Misc. No. M-21193 of 2010 3 dispute is totally misconceived under Section 482 Cr.P.C. In my considered view, the petition is devoid of merit. The same is hereby dismissed. (RAJAN GUPTA) JUDGE 26.7.2010 'rajpal' To be referred to the Reporters or not: Yes / No