Crl. Misc. No. M-27185 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-27185 of 2011 Date of Decision : September 09, 2011 Nirpal Singh .... Petitioner Vs. State of Punjab and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Atul Lakhanpal, Senior Advocate with Mr. Arjun Lakhanpal, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : Nirpal Singh has filed this petition under Section 482 of the Code of Criminal Procedure (in short – Cr.P.C.) seeking direction to respondents to hand over investigation of FIR No. 68 dated 23.03.2011, under Sections 420, 467, 468, 471, 472, 120-B of the Indian Penal Code (in short – IPC) , registered at Police Station Civil Lines, District Patiala (Annexure P-4) to some senior police official of Crime Branch. I have heard learned senior counsel for the petitioner and perused the case file. On complaint made by Nirpal Singh, inquiry was held by Crl. Misc. No. M-27185 of 2011 2 District and Sessions Judge, Patiala and some tampering with judicial record of another FIR No.370 dated 28.12.2005, registered at Police Station Civil Lines, Patiala was found vide report Annexure P-2. Pursuant thereto, FIR Annexure P-4 stands registered. However, after investigation, cancellation report has been presented before Illaqa Magistrate in FIR Annexure P-4. Learned counsel for the petitioner contended that FIR was registered on letter sent by Superintendent of Police (Detective), Patiala, who is, therefore, complainant in the case and no notice of cancellation report has been issued to the petitioner to enable him to file protest petition. It was also contended that in spite of inquiry report Annexure P-2 of the District and Sessions Judge, Patiala, cancellation report has been submitted by the police. I have carefully considered the contentions. FIR Annexure P-4 has been registered pursuant to complaint made by the petitioner Nirpal Singh herein, and therefore, for all intents and purposes, Nirpal Singh is the complainant for the purpose of FIR Annexure P-4 because he is the aggrieved person. The petitioner may file protest petition against cancellation report before Illaqa Magistrate. If the protest petition is not entertained by the Illaqa Magistrate on the ground that he is not complainant in the FIR, the petitioner shall be at liberty to approach this Court for appropriate relief in accordance with law. Presently, no ground for transferring the investigation to Crime Branch is made out because Crl. Misc. No. M-27185 of 2011 3 cancellation report has already been submitted and Illaqa Magistrate is to pass appropriate order in accordance with law regarding the said cancellation report. In view of the aforesaid, subject to observations made in the preceding paragraph, the instant petition is disposed of. September 09, 2011 ( L. N. MITTAL ) monika JUDGE