Gurjit Singh vs State of Punjab and others

Ranjit Singh, J.—On the basis of a complaint lodged by the petitioner, FIR No.111, dated 6.9.2010, under Sections

382/364/342/323/427/148/149 IPC and Sections 25/27 of the Arms Act has been registered.

The grievance of the petitioner is that this FIR is not being fairly investigated. So much so, it is not disclosed and it is disclosed now in the

response that the cancellation report in this case has been filed. The State counsel has referred to the complaint and the subsequent complaint,

whereby the petitioner had supplemented the complaint showing that the petitioner was not named. The name of the persons has been disclosed

while filing the petition before this Court. Counsel for the petitioner contends that he would be satisfied in case the investigation of this case is

transferred out of the Fatehgarh Sahib.

The investigations ordinarily and usually have to be done by the officer in whose jurisdiction the offence has taken place. The investigations

cannot be easily transferred out of the jurisdiction of Police Station or jurisdiction of the Police. The transfer of a case generally would be made out

where it is noticed that there are some reasons, for which the Police or the investigating officer is likely to be under influence of someone where fair

investigation may be a causality. It is not such a case here. Simply because the Police after investigation has decided to file a cancellation report,

cannot be a reason to transfer the investigation.

Incidentally, now it is disclosed in the reply that the respondents have constituted SIT to investigate this case. Once the petitioner has disclosed

the names of the persons, who are responsible, I find that a fair action is being taken by the Police. It is expected from the Police to conduct an

investigation in a fair manner and there cannot be any reason to doubt that they would do some wrong to save the offender. SSP Fatehgarh Sahib,

may personally look into this case to ensure that the same is investigated in a fair and proper manner by the SIT, which has been constituted. In my

view, no case for transfer the investigation in this case is made out.

This petition is, accordingly, disposed of.