IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-9224 of 2011 (O & M) Date of Decision: August 02, 2011 Sarvan Singh .....PETITIONER(S) VERSUS State of Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Y.M. Bhagirath, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) 1. This petition has been filed under Section 482 Cr.P.C. praying for quashing FIR No.34 dated 13.3.2011 under Sections 379, 427 IPC, registered with Police Station, Gate Hakima, District Amritsar. Petitioner is an accused in the said FIR. 2. On behalf of the petitioner, it has been contended that endeavour is being made by the complainant to take possession of the plot owned by petitioner. The petitioner purchased the plot vide sale deed executed on 30.1.2009 and registered with Sub Registrar, Amritsar. Crl. Misc. No. M-9224 of 2011 [2] 3. Learned counsel contends that with the help of police, the complainant has made an endeavour to grab the property by way of lodging the FIR. 4. Process of investigation involves systematic inquiry into an alleged incident or transaction from its genesis till its conclusion, with a view to search out and examine the particulars about something hidden, which would include motive, manner in which the incident or transaction has taken place and involvement of the accused (directly or indirectly), in the said incident or transaction, with their exact and specific roles. 5. Informant or complainant makes a report in regard to a happening/incident/transaction which has taken place. On such report, the Investigating Agency undertakes investigation under Chapter XII, Code of Criminal Procedure, in a systematic manner. When needle of suspicion goes towards a particular person viz. the accused, his role is required to be investigated, in detail. However, the version of the complainant is one sided. The alleged accused might be innocent and might be in a position to establish his presence elsewhere or involvement of other accused, who might be the real players in the incident or transaction. 6. The incident or transaction is to be investigated in the context of the persons, who are involved in causing it. In such circumstances, it becomes imperative for the Investigating Agency Crl. Misc. No. M-9224 of 2011 [3] to also look into the facts, as projected by the accused. An application given by the complainant might be tainted or driven out of selfish motive and might be de hors the true facts. Manifest injustice can be caused, in case, the version given out by the accused is not inquired or investigated. In such circumstances, it is as imperative to inquire and investigate the version given by the accused as is important and relevant to investigate the version given out by the complainant or informant. 7. Circumstances surrounding the incident or transaction would also play an important role. Medico-legal report, report received from the Forensic Science Laboratory, D.N.A. finger prints, etc. if relevant in the facts and circumstances of the case, would help the investigating agency to verify whether the complainant is telling the truth or version of the accused is more believable. So many instances have come to the notice of the Court wherein the complainant, after committing the offence, has gone to the police to make a complaint while indicating the needle of suspicion in other misleading direction or a complaint, with fabricated allegations, has been made to put pressure on the alleged accused so as to settle a civil dispute 8. Final report under Section 173 Cr.P.C. has not been filed till now. Investigation is still going on. 9. In view of the stage of the case, viz. investigation Crl. Misc. No. M-9224 of 2011 [4] is still going on, no ground for quashing is made out. 10. However, in view of the scope of investigation as detailed above, the investigating officer is directed to consider the case as set up by the petitioner in this petition and in view of whatever supplementary document, the petitioner submits to the investigating officer. It would be only thereafter that final report under Section 173 Cr.P.C. would be prepared. 11. In case, the petitioner has grievance in regard to tainted investigation on account of involvement of respondent No.3, Jagbir Singh, Station House Officer, Police Station, Gate Hakima, District Amritsar, the petitioner would be at liberty to approach the Commissioner of Police, Amritsar, who would look into the grievance and ensure fair and speedy investigation as required by law. 12. Disposed of in the above terms. (AJAI LAMBA) August 02, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?