DAVINDER SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed by petitioner under Section 482 Cr.P.C. for free and fair investigation in case FIR No.158 dated 16.8.2016 (Annexure-P.12) registered for the offences under Sections 406 , 420 and 120-B IPC at Police Station Derabassi and to direct respondents No.1 to 3 to arrest respondents No.5 and 6 or to hand over the investigation to Crime Branch or independent agency or some senior officer. It has also been prayed to protect the life and liberty of the petitioner as false complaints are being initiated by respondents No.5 and 6 against them in order to avenge the FIRs registered by the petitioner against the latter. Despite numerous FIRs against respondents No.5 and 6, they are roaming scot-free.

(2.) I have heard learned counsel for the petitioner and have gone through the record.

(3.) At the time of arguments, learned counsel for the petitioner mainly argued that the Police is not investigating the case registered under above mentioned FIR properly and has not arrested the accused and direction be issued for their arrest. On this argument, I find that it is settled law that Courts cannot interfere in the investigation. It is for the Investigating Officer to collect evidence against any of the accused or he may find from the investigation that he is innocent or not. Therefore, the Court cannot direct the Investigating Officer to conduct the investigation in a specific way. If the petitioner is aggrieved from the fact that investigation is not being conducted properly, then he can approach Illaqa Magistrate as per the law laid down by the Hon'ble Supreme Court in Sakiri Vasu v. State of U.P. and others , 2008 (1) RCR (Cr.) 392 (SC), in which it was observed as under:-