NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by Nachhattar Singh invoking Section 482 of the Code of Criminal Procedure for a direction to the respondents to register a case under Section 302 IPC and for investigation of the same by an independent agency. The facts alleged by the petitioner are that on 13.1.1996 at 3.30 A.M. Lachhman Singh son of Puran Singh had made a statement to SI Kuldip Kumar which reads :-

(2.) THE grievance of the petitioner is that in fact it is a cold-blooded murder. There has been no fair investigation. A case should have been registered under Section 302 IPC. When the petitioner came to know that a case had been registered under Section 304-A/279 and 379 IPC, he submitted a report to the Senior Superintendent of Police but it has not been heeded to. It was accordingly prayed that a direction should be issued to register a case under Section 302 IPC and the matter be investigated. In the meantime, the proceedings in the challan that has been filed before the Judicial Magistrate be stayed.

(3.) RESPONDENT No. 4 (Kulwant Singh) filed a separate reply. According to him a case could not be registered under Section 302 IPC and he contended that the complaint has been filed because the petitioner wanted to take money from him under threat of registration of a false case. As is apparent from the resume of facts given above, the petitioner seeks that in fact a case should be registered under Section 302 IPC rather than under Section 304-A IPC. The post-mortem report indicates:_