Satish Chandra Mittal, J. - (1.) KULWANT Singh has filed this criminal writ petition in the following circumstances. With respect to the murder of Nirmal Singh, his widow Jasmer Kaur lodged the first information report on 4th November, 1968, at Police Station, Nihalsing -wala, district Ferozepore, against Dyal Singh, his brother Chand Singh and Balwant Singh. Upon completion of the investigation, the police filed challan, dated 15th December, 1968, against them in the Court of the Illaqa Magistrate, who after recording the evidence of the doctor and the eye -witnesses committed them to the Court of Session to stand their trial under Section 302/34, Indian Penal Code. On 18th July, 1969, the Public Prosecutor made an application in the Court of the Sessions Judge, Ferozepore, requesting for adjournment of the case on the grounds; (1) the gun, pistol and empty cartridges were sent to the Director, Forensic Science Laboratory, Chandigarh, but his report had not been received, and (2) the police on receipt of further information probed into the matter, - -vide Annexure 'A'. The Sessions Judge declined to grant adjournment and directed by his order, dated 7th August, 1969, that the case shall be fixed for trial early, - -vide Annexure 'B'.
(2.) IT transpires from the return filed by D.S.P. Pritam Singh that after the presentation of the challan D.O. letter, dated 24th April, 1969, from the Additional Inspector -General of Police, C.I.D., Punjab, saying that Dyal Singh and Chand Singh had been falsely implicated and that the real culprits were let off after accepting illegal gratification, was received by Shri Daljit Singh Dhillon, I.P.S., Senior Superintendent of Police, Ferozepur. In compliance with the direction of the Additional Inspector -General of Police, Shri Daljit Singh Dhillon deputed D.S.P. Pritam Singh to re -investigate the case. During the pendency of the commitment proceedings, the; D.S.P., above -named carried out the investigation. Gurdev Singh', son of Sajan Singh evaded arrest but he was apprehended on 23rd August, 1969. As a result of the investigation conducted by the D.S.P., up to the stage of the filing of the writ petition in hand, it was found that the above -named three persons, who had been charge -sheeted, were innocent, and that Kulwant Singh Petitioner, Gurdev Singh, Mehma Singh and Arjan Singh could reasonably, be believed to be the real culprits. Before proceeding further it deserves mention that there is no merit in the Petitioner's allegation that Shri Gurcharan Singh, against whom the Petitioner worked in the last general election, was the person behind the application filed by one Gurdev Singh mazhabi, alleging that the persons facing trial were innocent and that the Petitioner and others aforesaid were the culprits. In that, D.S.P., Pritam Singh, as indicated above, has convincingly explained the reason for re -investigation by him.
(3.) THE question for determination is; Has the police power to reinvestigate a case, of which upon completion of investigation, they have not only filed challan but also prosecuted the accused to the extent of getting them committed to the Court of Session?;