The petitioner sought a direction to reinvestigate a criminal case allegedly mishandled by the investigating agency. The Court dismissed the petition as misconceived, holding that the High Court cannot guide investigations while the matter is still under Section 173 Cr.P.C.
Reinstatement or reinvestigation of the case was not allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No. M-12663 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
CRM No. M-12663 of 2009 (O&M) Date of decision: 7.5.2009
Brahamjit Singh
...Petitioner
Versus
State of Punjab and others ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. M.S. Sachdev, Advocate, for the petitioner.
Rajan Gupta, J.
The petitioner in this case has sought a direction to respondents No.1 to 3 to reinvestigate the case registered under Sections 342, 420, 450, 468, 471, 120-B IPC at Police Station Adampur, District Jalandhar, vide FIR No.117 dated 23rd July, 2008.
Learned counsel for the petitioner submits that investigation of the case is not being carried out on the right lines. There are certain aspects of investigation which are not being looked into by the investigating agency. According to the counsel, a representation in this regard was moved to Senior Superintendent of Police, Jalandhar but no action was taken on the same.
I have heard learned counsel for the petitioner.
The FIR in the case was registered on 23rd July, 2008. The
case still appears to be under investigation.
In my considered view, the prayer made in this petition is
CRM No. M-12663 of 2009 2
misconceived. The petitioner cannot guide or direct the investigating agency to conduct the investigation in a particular manner. His representation in this regard, therefore, is also misconceived. It is inexplicable how reinvestigation of the case can be ordered at a stage when the matter is still under investigation and has not culminated in a final report under Section 173 Cr.P.C.
I, therefore, find no merit in this petition. The same is
hereby dismissed.
(RAJAN GUPTA) JUDGE
May 07, 2009 'rajpal'
3 issues framed by the court
Whether a High Court can direct a High Court reinvestigation during the ongoing investigation
Whether a representation to the S.P. is misconceived when the case is under investigation
Whether an order of reinvestigation can be made when the investigation has not culminated in a final report under Section 173 Cr.P.C.
1 provisions across 1 enactments
Brahamjit Singh
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
