KALIA PREM RATTAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS application is filed under Section 482 Cr.P.C. to direct the Station House Officer, Police Station Ghall Khurd to register a case for the offences under Sections 307 and 452 read with Section 34 I.P.C. against Vijay Kumar etc.

(2.) ACCORDING to the petitioner, he has been running a private school namely Kalia Academy at Talwandi Bhai. On 20.6.1998 at 8.15 p.m. Vijay Kumar, Dayal Singh and others armed with weapons came to the house of the petitioner with an intention to kill him. They each fired shot at the petitioner. The petitioner also in self defence opened fire with his own gun. The Police registered a case against the petitioner on the complaint given by the other party in F.I.R. No. 64 dated 21.6.1998. The petitioner's version was not recorded by the Police though he gave a complaint.

(3.) THERE cannot be any doubt that during the course of investigation, it is the duty of the Investigating Officer to record the version given by the opposite party i.e. complainant also and to proceed with the investigation of the case on the basis of version and cross-version. Investigation does not mean to prosecute the accused person by any means. It is for the determination of truth. So, it is the duty of the Investigating Officer to verify the statement or disclosure of any relevant materials to arrive at a conclusion that the witnesses are telling nothing but truth. When in regard to the same incident, there are two versions one of the complainant party and other by the opposite party, the police have to record the statements of both the parties and on the basis of the material collected by them have to come to the conclusion which party has to be challaned leaving the other party to file a private complaint under Section 190 Cr.P.C.