CHARANJIT SINGH @ BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.), the petitioner Charanjit Singh alias Bittu has sought quashing of the order dated 22.10.2005 (Annexure P-3) passed by Sub-Divisional Judicial Magistrate, Patti, rejecting the report of the police submitted under Section 173(8) Cr.P.C., vide which, the police put the name of the petitioner in column No.2 as innocent person.

(2.) THE facts in the background of the case are that on the death of Jaspal Singh, a case was registered against Brahm Dutt, Devinder Kumar, Charanjit Singh (petitioner) and some other persons vide FIR No. 34 dated 10.6.2004 under Sections 306, 342, 506 read with Section 34 of the Indian Penal Code (for short IPC). Investigation was conducted and challan was filed against six persons, including the petitioner, in the court of the ilaqa Magistrate. However, later on, after an enquiry was conducted by the S.P. (Headquarters) under the orders of D.I.G. Border Range, vide supplementary report under Section 173(8) Cr.P.C., filed by the Officer in-charge of Police Station Khalra, the name of the petitioner (Charanjit Singh) was placed in column No. 2. The Sub-Divisional Judicial Magistrate, Patti vide his order dated 22.10.2005 (Annexure P-3) rejected the said report submitted by the police under Section 173(8) Cr.P.C, solely on the ground that the police had no power to further investigate the matter, without the prior permission of the court concerned. The petitioner has challenged the said order by way of the present petition.

(3.) IT needs mention that the supplementary challan was presented after the earlier challan had already been submitted in the Court. The Sub-Divisional Judicial Magistrate while making a reference of two judgments, i.e., 2002(2) RCR 12 (P&H) and 1998(2) RCR 719 (SC) observed that no further investigation could be conducted without prior permission of the Court when the court had taken cognizance of the case.