GURBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is President of Guru Nanak Education Trust, Model Town, Ludhiana, which is also running Guru Nanak Girls College, Ludhiana. The trust is managed by the Board of trustees namely Balbir Singh, Dr. Gurinder Singh, Sh. Maheshinder Singh Grewal. One Jaswinder Singh Grewal was also a trustee. According to the petitioner, the said Jaswinder Singh Grewal had resigned on 21.7.1993 and in his place one Balbir Singh was appointed. Thereafter, Jaswinder Singh Grewal during his life time wrote a letter that he had not resigned and the resignation letter said to have been submitted by him is forged one. According to the petitioner, the subsequent letter said to have been written by Jaswinder Singh Grewal itself is forged one. Mr. Jaswinder Singh Grewal died on 11.8.1993. On the basis of the complaint given by the petitioner alleging that the subsequent letter of Jaswinder Singh Grewal was forged one, the case was registered in FIR No. 165 dated 4.11.1993. During the course of investigation in the same, it came to light that Jaswinder Singh Grewal himself stated during his life time that the letter of resignation was forged one. Accordingly the investigation proceeded. The petitioner filed a Crl. Misc. No. 19018-M of 1996 in this Court which has been dismissed on 15.7.1997 and the Special Leave Petition against the said order was also dismissed on 5.3.1998 by the Apex Court. Thereafter an application was filed in Crl. Misc. Petition No. 3054 of 1999 for impleading one Maheshinder Singh Grewal and the said application was disposed of on 23.4.1999 with the observations that the State on completion of the investigation of the case may submit a report under Section 173 Cr.P.C. in the Court of competent jurisdiction. Since the challan has not been submitted another application bearing No. Crl. Misc. 21027-M of 1999 was filed wherein a direction was given to comply with the order of this Court dated 23.4.1999 as expeditiously as possible preferably within four months. Now this application has been filed by the original complainant to give a direction to the 3rd respondent i.e. Inspector General of Police (Crime) Punjab, Chandigarh to carry out further investigation in FIR No. 166 dated 4.11.1993.

(2.) THE learned Public Prosecutor states that the investigation has already been completed and a challan has been filed in the competent Court and a further supplementary challan has also been filed on 23.8.1999. When the Public Prosecutor states that the investigation was completed and further supplementary challan and been filed, there is no question of giving any further directions for investigation or reinvestigation by this Court in exercise of its inherent jurisdiction under Section 482 of the Code of Criminal Procedure. When the challan is presented, it is for the Magistrate either to take cognizance of the case under Section 190 of the Code of Criminal Procedure or if the learned Magistrate is of the opinion that the case requires further investigation, to direct further investigation under Section 173(8) of the Code of Criminal Procedure. It is always open to the petitioner to satisfy the Magistrate that the matter requires further investigation and if the Magistrate is satisfied, he may order reinvestigation or further investigation. With these observations, the petition is disposed of. Order accordingly.