The opinion expressed by the police is not final, and the criminal courts may accept or reject the report submitted by the investigating agency.

M.M. Kumar, J. - The prayer made in this petition is for issuing appropriate direction to the respondents, namely, State of Punjab for re-investigation of case FIR No. 66 dated 15.8.2000 registered under Sections 418, 465, 466, 467, 468, 471, 120-B Indian Penal Code at Police Station City Malout, District Muktsar by some independent agency like Central Bureau of Investigation etc.

2. Brief facts of the case are that the complainant lodged FIR No. 66 dated 15.8.2000 under Sections 418, 420, 465, 466, 467, 468, 471 and 120-B Indian Penal Code against the petitioner who has been working as Naib Tehsildar alleging that at the time of sanctioning of the mutation regarding inheritance of Ganda Singh deceased, his wife and two sons, namely, Chanan Kaur, Balbir Singh and Bakhshish Singh were alive. However, the mutation was not sanctioned in their favour. During investigation, it has been found that the allegations levelled against the petitioner in the FIR were false. The wife of deceased Ganda Singh was in fact not alive and Balbir Singh and Bakshish Singh are the brothers sons of Ganda Singh and not the sons of Ganda Singh. The aforementioned findings of the investigation have also been accepted by the District Attorney. Despite the investigation and the opinion of the District Attorney expressed on 8.6.2000, FIR No. 66 was registered on 15.8.2000. The petitioner has also alleged that FIR No. 34 dated 26.3.2002 was registered against the complainant by one Harbans Singh with whom the complainant is having litigation. It is further asserted that Anti Fraud Squad, Muktsar has investigated the case FIR No. 66 dated 15.8.2000 and in its report dated 16.9.2000 submitted to the Senior Superintendent of Police Muktsar, the petitioner has been found to be innocent and it has been recommended that the FIR be cancelled. However, the complainant further filed an application for conducting an enquiry in the matter and the Superintendent of Police (S), Muktsar after holding the enquiry has ordered the filing of challan against the petitioner. His opinion is alleged to be based on mere perusal of the file, on the basis of which he has made recommendation concluding that it was a fit case for filing the challan.

3. The stand taken in the reply is that there is active concealment of facts inasmuch as the petitioner had earlier approached this Court by filing Criminal Misc. No. 39544-M of 2000 for quashing FIR No. 34 dated 26.3.2002 under Sections 465/466/468/120-B Indian Penal Code at Police Station Sadar Malout. This Court vide order dated 3.7.2002 had directed that the investigation be completed within three months and the Senior Superintendent of Police was directed to get the investigation carried by one Investigating Officer who may be deputed by the Senior Superintendent of Police, Muktsar because there is another FIR No. 66 dated 15.8.2000 against the same petitioner. It has further been alleged that sanction for presenting the challan has already been obtained by the prosecuting agency against the petitioner on 22.3.2004 (Annexure R-2/2). It is further alleged that the petitioner has not been found to be innocent in the departmental proceedings conducted by the Senior Superintendent of Police (Civil), Muktsar. He has in fact been found guilty of having tampered with the revenue record and sanctioning the mutation wrongly in the enquiry conducted by the Additional Deputy Commissioner, Muktsar as set out in the report dated 3.11.2000 (Annexure R-2/3). Even the version of the petitioner with regard to the fact whether Balbir Singh and Bakhshish Singh were sons of Ganda Singh have been disputed. A detailed reference has been made to certain other documents.

4. Learned counsel for the petitioner has argued that the Naib Tehsildar as Presiding Officer has acted in accordance with law and all his actions are protected under the law. According to the learned counsel if the investigation is directed to be conducted by an independent agency