IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-444 of 2009
Date of decision : 06-02-2009
Gobind Ram
....Petitioner
VERSUS
State of Haryana
....Respondent
CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. S.S. Mor, Sr. DAG, Haryana.
KANWALJIT SINGH AHLUWALIA, J. (Oral)
A communication was received by this Court from Gobind
Ram father of Hari Om. Hari Om has been murdered. His dead body was
recovered on 20-6-2006. Notice of motion was issued.
Counsel for the State on instructions from Inspector Satpal
Singh has stated that earlier untrace report was submitted to the higher
officials of the Department. Now investigation is in progress.
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 First Class 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.
Crl. Misc. No.M-444 of 2009
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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;”
Further more, 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
authorised by a Magistrate in this behalf.”
After this file is received by the Judicial Magistrate (1st
Class), 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 of.
(KANWALJIT SINGH AHLUWALIA)
6-2-2009 JUDGE
manju