IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-38722 of 2011 (O&M) Date of decision: 21st December, 2011 Bharat Bhushan Bhandari … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Hemant Saini, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the State of Punjab to hand over investigation of the case FIR No.94 dated 05.07.2011 registered at Police Station Cantonment, District Amritsar City under Sections 307, 506 and 34 IPC read with Sections 25 and 27 of the Arms Act, 1959 to an independent agency. A primary grievance has been made by counsel for the petitioner that on a complaint made by the petitioner, an enquiry (Annexure P-2) was held and the persons, who had fired, were found guilty of the offence. Learned counsel has further stated that in spite of the directions issued by respondent No.2, still a second enquiry was held wherein the accused have been absolved. Issue notice of motion. On the asking of Court, Mr. J.S. Sandhu, Assistant Advocate General, Punjab accepts notice on behalf of the respondents. A copy of the petition has been supplied to him. Counsel for the State, after going through the contents of the petition, has stated that it is a case of no injury, but since FIR has been Criminal Misc. No. M-38722 of 2011 (O&M) registered, the final report under Section 173 Cr.P.C. shall be submitted in the Court of competent jurisdiction along with the opinion of the investigating officer. Learned counsel for the State has further stated that in case the investigating officer comes to a conclusion that the accused named at the instance of the petitioner-complainant have committed an offence, grievance of the petitioner shall be redressed, however, if the investigating officer formulates an opinion otherwise and submits a cancellation report, still the petitioner will have a right to file a protest petition. To controvert the submissions made by counsel for the State, Mr.Saini has stated that police may take a long time to submit the final report under Section 173 Cr.P.C. as the case was registered in the month of July 2011 and a period of more than five months has elapsed but nothing has been done by the police. To allay this apprehension, counsel for the State has submitted that the investigating officer shall submit the final report under Section 173 Cr.P.C. along with his opinion in the Court of competent jurisdiction within three months from the date of receipt of a certified copy of this order. Counsel for the petitioner has stated that the present petition be disposed of in view of the submissions made by counsel for the State and noticed above. Ordered accordingly. [KANWALJIT SINGH AHLUWALIA] JUDGE December 21, 2011 rps 2