High Court of Himachal Pradesh was dealing with petition that inquiry/investigation be ordered to be conducted by the independent agency i.e., C.I.D. or S.I.T.
Brief Facts:
The petitioner has alleged that he was beaten by respondent No. 4-Hari Singh. He was subjected to medical examination by Medical Officer, Civil Hospital Janjehali and his Medico Legal Certificate was issued. According to the petitioner, one simple injury was found on his left ear, which resulted in partial loss of hearing. The father of the petitioner had made a written complaint to SHO, Janjehali 2, but no criminal case has been registered. Therefore, the petitioner has filed this writ petition seeking direction to respondents No. 1 to 3 to register the case against respondent No. 4 and that inquiry/investigation be ordered to be conducted by the independent agency i.e., C.I.D. or S.I.T.
Petitioner’s Contention:
The counsel for the petitioner submitted that the petitioner had even approached the Superintendent of Police, Mandi, who summoned the record from the Sub Divisional Police Officer, but even then, no action has been taken against respondent No. 4, because as per the said report alleged offence was non-cognizable and FIR was registered against the petitioner for the offences punishable under Sections 353, 332, 189 read with Section 34 of the Indian Penal Code.
HC’s Observations And Held:
After hearing both the sides Court stated that “in the facts and circumstances of the case, we do not find any extraordinary justification to direct investigation of the matter by the C.I.D. or S.I.T., since the petitioner has a remedy to approach the Court of competent jurisdiction by way of making a private complaint and the said Court shall in its discretion deal with the matter. Accordingly, this writ petition is disposed of with a liberty to the petitioner to avail the aforesaid remedy.”
Bench: Hon’ble Mr. Justice Mohammad Rafiq Chief Justice & Hon’ble Ms. Justice Jyotsna Rewal Dua
Case Title: Khushwant Singh v. State Of H.P.
Case Details: CIVIL WRIT PETITION No. 8316 of 2021
Read Judgment @Latetlaws.com
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