# BALBIR SINGH v. STATE OF PUNJAB AND ANR

- **Citation:** [2009] 8 S.C.R. 489
- **Court:** Supreme Court of India
- **Decided:** 2009-05-08
- **Case number:** Criminal Appeal No. 963 of 2009
- **Bench:** Dr. Arijit Pasayat, Dr. Munkundakam Sharma
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/balbir-singh-v-state-of-punjab-and-anr-26055
- **Pages:** 4

## Headnote

FIR -
Cross version -
Investigation ..:. FIR by first
informant - Cross version in FIR by petitioner's husband -
c
Petitioner seeking investigation of cross version in FIR and
..
entrustment of investigation to independent agency - On
investigation, case of petitioner's husband found to be false
- Direction by High Court that police was not required to
register separate FIR into cross version set up but was to
D
present entire investigation before the court to decide as to
which version was correct - On appeal, held: Order of High
Court modified - Direction issued to decide the case of
infonnant who lodged FIR at first instance.
.CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
E
No. 963 of 2009.
·' ,
From the Judgment & Order dated 28.04.2007 of the High
Court of Punjab and Haryana at Chandigarh in Criminal Misc.
No. 33291-M of 2006.
F
U.U. Lalit, Nitin Sangra, Prashant Kumar and Ap & J
Chambers for the Appellant.
•
K.K. Khurana, AAG, H.S. Phoolka A.K. Mehta, Kuldip
G
-
Singh, Sunita Tiwari, A.P. Pandey and R.K. Pandey for the
Respondents.

## Text

[2009] 8 S.C.R. 489
T
BALBIR SINGH
A
v.
STATE OF PUNJAB AND ANR.
(Criminal Appeal No. 963 of 2009)
MAY 8, 2009
B
f.
[DR. ARIJIT PASAYAT AND DR. MUNKUNDAKAM
SHARMA, JJ.]
FIR -
Cross version -
Investigation ..:. FIR by first
informant - Cross version in FIR by petitioner's husband -
c
Petitioner seeking investigation of cross version in FIR and
..
entrustment of investigation to independent agency - On
investigation, case of petitioner's husband found to be false
- Direction by High Court that police was not required to
register separate FIR into cross version set up but was to
D
present entire investigation before the court to decide as to
which version was correct - On appeal, held: Order of High
Court modified - Direction issued to decide the case of
infonnant who lodged FIR at first instance.
.CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
E
No. 963 of 2009.
·' ,
From the Judgment & Order dated 28.04.2007 of the High
Court of Punjab and Haryana at Chandigarh in Criminal Misc.
No. 33291-M of 2006.
F
U.U. Lalit, Nitin Sangra, Prashant Kumar and Ap & J
Chambers for the Appellant.
•
K.K. Khurana, AAG, H.S. Phoolka A.K. Mehta, Kuldip
G
-
Singh, Sunita Tiwari, A.P. Pandey and R.K. Pandey for the
Respondents.
The Judgment of the Court was delivered by
489
H
490
SUPREME COURT REPORTS
[2009] a s.C.R.
'"
~
A
DR. ARIJIT PASAYAT, J. 1. Leave granted.
2. Challenge in this appeal is to the order passed by a
learned Single Judge of the Punjab and Haryana High Court.
Respondent No.2 in the present appeal filed a petition seeking
B investigation of the cross version in FIR 43 dated 6.2.2006
registered at Police Station, City Abohar, in relation to the
offences punishable under Sections 302, 307 read with Section
34 of the Indian Penal Code, 1860 (in short the 'IPC') and for
entrusting the investigation of the same to an independent
c agency. The aforesaid FIR was registered on the basis of
statement made by the present appellant. The petitloher before
the High Court i.e. present respondent No.2 is the wife of
Gaganjit Singh, who had two brothers, namely, Gurdeep Singh
and Gurjit Singh. Though, according to Balbir Singh, first
D
informant, Gurjit Singh was killed in the emergency ward of Civil
Hospital, Abohar, by a group of people which had come from
the Truck Union, yet Gaganjit Singh claimed that his brother
Gurjit Singh was killed by Balbir Singh, first informant and others
on 6.2.2006 at 4.30 P.M. when Gaganjit Singh was first
attacked and given injuries at the Truck Union and while being
E removed to the hospital by Gurjit Singh and others and had
reached in front of the hospital where Balbir Singh was standing
while carrying a pistol in his hand, which he used to fire at Gurjit
Singh. As a result of the same, said Gurjit Singh died. The
statement of Gaganjit Singh was recorded on 7.2.2006 when
F he was admitted in Civil Hospital, Malout, but in spite of the
same, no action was taken against Balbir Singh and others for
the murder of Gurjit Singh and for causing injuries to Gaganjit
Singh. Instead final report under Section 173 of the Code of
Criminal Procedure, 1973 (in short 'Code') was submitted
G against Gaganjit Singh and lnderjit Singh for the murder of Baljit
Singh. Therefore, it was prayed that appropriate legal action
..
be taken into the cross version based on the statement of
•
Gaganjit Singh and keeping in view the partisan attitude of the
local police which was acting at the instance of local M.L.A.,
H the investigation of the said cross-version be entrusted to an
I
BALBIR SINGH v. STATE OF PUNJAB AND ANR.
491
[DR. ARIJIT PASAYAT, J.]
independent agency.
During investigation of the case the version given by
Gaganjit Singh, the husband of respondent No.2 was found to
A
be false. No injury was received by said Gaganjit at Truck
Union, Abohar. In fact, it was Gaganjit Singh who had caused
8
fire arm injury to Baljit Singh, brother of the present appellantcomplainant of the case. After hearing the parties the High
Court directed as follows:
"Although, the police was not required to register
separate FIR into the cross version set up by Gaganjit
C
Singh but the minimum it could do was to present the entire
~vestigation before the Court and only then the Court could
decide as to which of the two versions was correct. The
police on its own could not decide that the murder of Gurjit
Singh and causing of injuries to Gaganjit Singh was in the
D
exercise of right of self defence of person by the
complainant party. However, in the given circumstances the
Court finds that the police ought to have registered an FIR
against the offenders in relation to the murder of Gurjit
Singh and causing of injuries to Gaganjit Singh so that if . E
the same was to be later on cancelled, after its due
investigation, the police would be required to submit the
cancellation report in the appropriate court and obtain its
order."
3. It is the stand of the appellant that the direction issued
to register the FIR on the basis of statements of Gaganjit Singh
recorded on 7.2.2006 and proceed with the case in
accordance with law is not sustainable. It is pointed out that in
the FIR 43 of 2006 there was mention of incident as well as
F
the retaliation. The statement of Gaganjit Singh was recorded
G
on 7.2.2006 wherein he took the plea that the firing was by the
appellant and Gurjit Singh had died. No FIR was lodged
regarding the cross version. Charges have been framed on
15.6.2006. The complaint was filed by Gaganjit Singh on
21.8.2006. Cognizance .has been taken qua the accusations · H
492
SUPREME COURT REPORTS
[2009] 8 S.C.R.
A and not in respect of the controversy.
4. In peculiar circumstances, we dispose of the appeal in
modification of the impugned order with the direction that the
complaint case shall be taken to its logical end. It needs no
indication that the concerned Court shall deal with the matter
8 on the basis of evidence laid before it. We make it clear that
we have expressed no opinion on the merits of the case.
5. The appeal is disposed of accordingly.
N.J.
Appeal disposed of.
-
-
•