IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.30141 -M of 2009 DATE OF DECISION : FEBRUARY 24, 2010 SARABJIT KAUR ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Atul Lakhanpal, Sr. Advocate, with Mr. RS Chahal, Advocate, for the petitioner(s). Ms. Rajni Gupta, Addl.AG, Punjab. AJAI LAMBA, J. (Oral) This petition has been filed by a lady with the allegations of sodomy on the person of her son, aged 8 years. The facts were brought to the notice of Senior Superintendent of Police, Ludhiana, vide complaint (Annexure P-2). No action, however, was taken, which constrained the petitioner to approach this Court. It transpires that even medical examination of the victim was not done. The respondents are, now, relying on a note (Annexure R-1), purportedly written by petitioner-Sarabjit Kaur and Panchayati compromise (Annexure R-2). As per Annexure R-1, it has been stated that a complaint Criminal Misc. No.30141 -M of 2009 2 had been made, however, the Mohalla inhabitants felt sorry for their action and, therefore, Sarabjit Kaur does not want to take any action in the matter. Learned counsel for the petitioner states that a pre-signed page has been used by the Investigating Agency. The petitioner is virtually a destitute person in so much as her husband deserted her. She is living with her four children. Considering the totality of facts and circumstances of the case, I am of the considered opinion that the Investigating Agency could not have ignored the action of the alleged offenders, as brought out from complaint (Annexure P-2). Even Annexure R-1 indicates that the offence had been committed, however, the persons apologised. A perusal of the complaint itself indicates, prima facie, commission of a cognizable offence. In such circumstances, it was required of the Investigating Agency under the provisions of Section 154, Code of Criminal Procedure, to first register the FIR and, then, conduct the investigation. Rather, the Investigating Agency has gone ahead with approaching the persons and taking apology, as is made out from the reply. In my opinion, this has caused manifest injustice and has defeated the process of criminal law. In view of the above, the petition is disposed of with a direction to the Senior Superintendent of Police, Ludhiana, to register an FIR on the basis of complaint (Annexure P-2) and have the matter investigated at the level of Deputy Superintendent of Police, under his personal supervision. The investigation be completed within 60 days of Criminal Misc. No.30141 -M of 2009 3 receipt of copy of the order. Copy of the order be given dasti under the signatures of the Court Reader. February 24, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?