IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-5649 of 2010 Date of Decision: February 25, 2010 Avinder Singh .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. N.S. Dandiwal, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 482 Cr.P.C. for quashing FIR No.85 dated 17.9.2009 under Section 409 IPC registered with Police Station, Ram Das, Amritsar Rural. Allegation against the petitioner, Ex-Sarpanch, is of embezzlement of Panchayat fund earmarked for development. Learned counsel has argued that the averments in the petition and the accompanying documents show that the petitioner has not committed any offence, hence the FIR be quashed. It transpires that investigation is Crl. Misc. No. M-5649 of 2010 [2] still going on and has not been concluded. Investigating agency is required to elicit the truth and not to persecute, and therefore, is required to be fair to both sides. While investigating agency is required to investigate the case lodged at the instance of the complainant, it is also required to consider the documents or material given or information supplied by the accused side for coming to a conclusion as to whether the complainant is telling the truth or has filed a case with malafide intention and without basis. The petition is disposed of with liberty to the petitioner to approach the investigating officer with his side of the case. The investigating officer is directed to consider the documents placed with this petition and other information supplied by the petitioner before coming to final conclusion as to whether offence has been committed or not. (AJAI LAMBA) February 25, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?