- (1.) Feeling aggrieved against the alleged ineffective investigation at the hands of investigating agency, the petitioner has approached this Court by way of instant petition under Section 482 of Code of Criminal Procedure (for short Cr.P.C.'), invoking its inherent jurisdiction for transfer of the investigation from Police Station Kadian to Crime Branch, outside the Districts of Batala and Gurdaspur with further direction to the investigating agency to arrest the private respondents Nos. 5 to 12 for the alleged offence under Section 307 IPC.
(2.) Notice of motion was issued and pursuant thereto reply dated 20.7.2011 by way of short affidavit of Salwinder Singh, Deputy Superintendent of Police, Sub-Division, Kadian, Police District Batala, has been filed on behalf of respondent Nos. 1 to 3.
(3.) Learned counsel for the State, on instructions from ASI Balwinder Singh, Police Station, Kadian, submits that FIR No.10 dated 19.1.2011 under Sections 307/324/148/149 IPC and Section 25 of Arms Act, was registered at Police Station, Kadian. He further submits that an effective investigation was carried out and after conclusion of the investigation, report under Section 173 Cr.P.C. had already been presented to the learned court of competent jurisdiction, on 24.10.2011. He also submits that pursuant to filing the report under Section 173 Cr.P.C., the learned trial Court has framed the charges as well and the trial is going on.;