Crl.Misc.No.M-12844 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. No. M-12844 of 2008
Date of Decision: 19 - 1 - 2009
Krishan Kumar .....Petitioner
v.
State of Punjab and others .....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.R.K.Hooda, Advocate
for the petitioner.
Mr.Mehardeep Singh, AAG, Punjab.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Ritu daughter of the petitioner is missing from her house since
2006. Ritu and one Sukhdev Ram son of real sister of the petitioner have
left their house after having married against the wishes of their parents.
They had filed Criminal Misc. No.8571-M of 2005 in this Court which was
disposed off on 10.2.2006. It was recorded in the order that Ritu and
Sukhdev Ram being major have solemnized the marriage against the wishes
of parents of Ritu. They were apprehending danger and harassment at the
hands of petitioner.
Grievance of counsel for the petitioner is that marriage between
Ritu and Sukhdev Ram is void as it was within prohibited degree and could
Crl.Misc.No.M-12844 of 2008 [2]
not be recognized. Whether Ritu has been eliminated by the petitioner or
some body else, is a matter which require to be thoroughly investigated.
From the facts of this case, it emerges that the Area Judicial
Magistrate, under Section 190(1)(c) Cr.P.C. is competent to redress the
grievance of the petitioner.
File of the present case be sent to the Area Judicial Magistrate
(1st Class), Moga who shall form an opinion whether to proceed in the
present case under Section 156 (3) Cr.P.C. or 190 (1)(c) Cr.P.C.
Section 190(1)(a) of the Code of Criminal Procedure vests
power in the Magistrate to proceed in accordance with law when such
complaint has been received and also Section 190(1)(c) to proceed when
any information has been received from any person other than a police
officer or upon his own knowledge that such offence has been committed.
Section 156 (3) of the Code of Criminal Procedure empowers
any Magistrate to order investigation as has been envisaged under Section
156 Cr.P.C.
Section 2(g) of Cr.P.C. defines inquiry as under:
“inquiry” means every inquiry, other than a trial,
conducted under this Code by a Magistrate or Court;”
Furthermore, Section 2(h) defines investigation, which also
reads as under:
“investigation” includes all the proceedings under this
Code for the collection of evidence conducted by a police
officer or by any person (other than a Magistrate) who is
authorized by a Magistrate in this behalf.”
After this file is received by the Judicial Magistrate (1st Class),
Crl.Misc.No.M-12844 of 2008 [3]Moga, he shall formulate his own opinion in this case to find out whether
any offence has been committed and inquiry is to be conducted or an
investigation is called for.
The Code of Criminal Procedure vests ample powers in the
Area Judicial Magistrate (1st Class) to redress the grievances of the
petitioner.
With these observations, present petition is disposed off.
( KANWALJIT SINGH AHLUWALIA )
January 19, 2008. JUDGE
RC