Criminal Misc. No. 26614-M OF 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 26614-M OF 2010 Date of decision:27th January, 2011 Harjinder Singh .......Petitioner Versus The State of Punjab and others ........Respondents BEFORE: HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr. Jagnahar Singh, Advocate, for the petitioner. Mr. K.S.Pannu, DAG, Punjab for the respondent-State. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No Nirmaljit Kaur, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. praying for direction to hand over the investigation to some independent agency and direction to respondents to submit the status report in case FIR No. 57 dated 2.6.2009, registered under Sections Criminal Misc. No. 26614-M OF 2010 2 307, 323, 148, 149 IPC and Section 25, 27 of Arms Act, Police Station, Kahnuwan, Tehsil and District Gurdaspur. Learned counsel for the petitioner contends that the FIR was registered at Police Station Kahnuwan, Tehsil and District Gurdaspur whereas the matter has now been illegally transferred to Police Station Sri Hargobindpura, District Batala. Reply by way of Affidavit of Dy. Superintendent of Police, Gurdaspur has been filed. As per the reply, the above mentioned FIR was registered at Police Station Kahnuwan, Tehsil and District Gurdaspur. However, subsequently, an application/representation was filed by the accused Jaswant Singh before the SSP, Gurdaspur. During enquiry, it was found that the occurrence of the incident did not take place in village Mullawal Police Station Kahnuwan, rather it occurred in the area of village Kathana Police Station Sri Hargobindpur Police Distt. Batala. Therefore, by exercising the powers under clause 25.8 of the Punjab Police Rules, the case bearing FIR No. 57 dated 2.6.2009, registered under Sections 307, 323, 148, 149 IPC and Section 25, 27 of Arms Act, Police Station, Kahnuwan, Tehsil and District Gurdaspur was transferred on the orders of the District Magistrate, Gurdaspur to the Police Station Sri Hargobindpur which falls under the jurisdiction of District Batala and the entire record pursuing to the aforesaid case was sent to the concerned investigating authority as per orders dated 25.03.2010. Thus, no fault can be found with the order of the Criminal Misc. No. 26614-M OF 2010 3 Magistrate transferring the matter to the competent court of jurisdiction and therefore, no ground to hand over the investigation to another agency is made out. In view of the above, the present petition is disposed of with the direction to the concerned investigating officer to conclude the investigation as soon as possible and submit a final report to the concerned Court within three months from today. [NIRMALJIT KAUR] JUDGE 27th January, 2011 Shivani Kaushik