Pyara Singh vs State of Punjab

K.K. Srivastava, J.

Heard learned counsel for the petitioner and the learned DAG for the State of Punjab. I have perused the averments made in the petition as also in the reply.

It will appear from the averments made in the petition that the petitioner had given version of the occurrence as it happened according to the petitioner. This version is contrary to the earlier version given by the other side and is thus a cross version of the occurrence. The petitioner prayed for registration of FIR in respect of his version of the occurrence, but the same was not registered and investigated according to law. The police cannot sit and decide as to which version out of the two versions coming from two different sides represents the correct version of the occurrence because this is in the jurisdiction of the competent court which would ultimately deal with the two cases and decide the same. It will be for the court of competent jurisdiction to accept a particular version and reject the other or may accept a case of free fight and then determine the liability of each individual accused of either side. It will be for that court to consider as to which side was aggressor and the which other side a defender. This role cannot be permitted to be given to the police and that too prior to the registration of the FIR in respect of the version contained in the petition.

In view of the foregoing discussion, this petition has merit and is allowed. A direction is issued to the respondent No. 2 Station House Officer, Police Station Zira, to register FIR in respect of the version given by Pyara Singhpetitioner son of Hakam Singh, a copy of which has been placed on record as Annexure P1. The compliance of this direction be made within two weeks from the date a certified copy of this order is placed before respondent No.2.