HIMMAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH the present petition, the Petitioners have impugned order Annexure P -2 passed by the Additional Sessions Judge, Patiala dated 16.11.2005 wherein the Court has held that it cannot direct further investigation under Section 173(8) Code of Criminal Procedure The facts in detail need not be noticed, in view of the short question of law that arises in the present petition.

(2.) AGGRIEVED against the action of State in filing challan against the Respondent for an offence under Section 306 IPC in FIR No. 59 dated 2.4.2005 instead of Sections 302/34 IPC., the Petitioner had filed CRM No. 32772 -M of 2005 seeking direction for ordering investigation of the case by some specialised agency like C.B.I. Notice of this petition was issued to the Respondent. However, this petition was disposed of on 20.9.2005 by this Court giving liberty to the Petitioner to move an application under Section 173(8) Code of Criminal Procedure and to raise all these pleas raised in the said petition. The order passed by this Court reads as under:

(3.) THE Petitioner, accordingly, moved an application dated 27.10.2005 before the Additional Sessions Judge, Patiala. While ignoring the order of this Court, the Additional Sessions Judge, Patiala passed the impugned order on 16.11.2005, holding that it cannot direct further investigation under Section 173(8) Code of Criminal Procedure The Court, however, further held that prayer of the Petitioner for converting the offence into Section 302 IPC was to be decided at the time of framing of charge. Thereafter, the Court framed the charge against the Respondent on 8.2.2006, copy of which has been, annexed as Annexure P -3. As can be noticed, charge against the Respondent has only been framed under Section 306 IPC. It is thereafter, the Petitioner has filed the present petition impugning the order Annexure P -2 as well as the order Annexure P -3.