The police must obtain formal permission from the concerned Court for further investigation and must ensure that the material collected supports the charges under the relevant Act.

T.P.S.Mann, J.

1. By this common judgment, I propose to dispose of the present revision as well as Criminal Misc. No. 13369-M of 2006, as both the cases arise out of the same FIR and are based on almost same facts and orders.

2. The petitioner has filed the present revision against the order dated 14.2.2006 passed by Special Judge, Sangrur vide which the petitioner along with two others was ordered to be charged for offences under Sections 302, 201, 506, 34 IPC and under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. FIR was registered on the basis of a statement made by Sarabjit Kaur, wherein she stated that that her husband Nachhattar Singh used to work at the brick kiln of Shivji Ram. On 5.6.2004, as usual, said Nachhattar Singh went to the brick kiln for doing work. At about 9.00 P.M. Sarabjit Kaur learnt that her husband Nachhattar Singh was being beaten by Bikar Singh, Major Singh and Gurtej Singh at the Bus Stand of the village. She along with her brother-in- law reached there and saw that the aforementioned accused were beating her husband Nachhattar Singh near the benches lying there. They were giving kick and fist blows. Injuries were also given on his private parts. On the intervention of Sarabjit Kaur and her brother-in-law, Nachhattar Singh was rescued from the accused, who while leaving extended a threat to them that in case he was got admitted in any hospital or the police was informed, they would also receive the same treatment as meted out to Nachhattar Singh. Out of fear, Sarabjit Kaur brought her husband Nachhattar Singh to the house, where he died the same night at about 3.00 a.m. When the accused learnt about the death of Nachhattar Singh, they again came to her house in the morning and extended another threat that no information be given to the police otherwise she would be treated similarly as her husband. Feeling threatened, she had no other option but to cremate her husband in the morning. Finally, she took up courage as her relatives had come in the meantime and informed the police. On the basis of her statement FIR No. 70 dated 6.6.2004 was registered at Police Station Dhanaula under Sections 302, 201, 506, 34 IPC.

4. After the completion of the investigation, final report under Section 173 Cr.P.C. was presented by the police on 21.6.2004 against the three accused, including the present petitioner Gurtej Singh. After the commitment of the case to the Court of Sessions, charges were framed against the accused for the aforementioned offences and the trial of the case began.

5. On 1.4.2005, the police prepared supplementary challan against the three accused under Sections 304, 201, 506, 34 IPC as the relatives of the accused had submitted an application to Punjab State Human Rights Commission for the investigation of the case and, accordingly, Superintendent of Police (Detective), Barnala conducted further investigation, during which it revealed that there was no enmity of deceased Nachhattar Singh with the accused and that no weapon was used at the time of the occurrence. Further that it was a sudden dispute. The said supplementary challan was, accordingly, presented in the concerned Court.

6. Another supplementary challan was also submitted by the police on 4.7.2005 against the accused under Sections 302, 201, 506, 34 IPC and Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as `the Act).

7. The supplementary challan submitted by the police on 4.7.2005 was duly entertained by the trial Court on 31.1.2006 and the accused were ordered to be charged for offence under Section 3(i)(x) of the Act besides other offences of IPC for which the accused already stood charged.

8. On 14.2.2006, it came to the notice of the trial Court that the supplementary challan had also been presented by the Investigating Agency on 2.4.2005 against the accused under Section 304 IPC instead of