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Judgment
M.L. Koul, J.
Heard learned counsel for the parties at length and bestowed my thoughtful consideration over the whole gamut of the case.
Already an enquiry has been conducted by a DSP in the matter, who has found that the allegations levelled against Randhir Singh, Incharge Police Post Sector 13, Karnal and Dhoop Singh, ASI, Police Station, City, Karnal, respondent Nos. 3 and 4 in the present petition are false.
Mr Bipan Ghai has taken me through the judgment reported in 1997 Apex Decisions (Criminal) 653, wherein it has been held on the basis of the decisions of the Hon''ble Supreme Court that the registration of an FIR is not a condition precedent for conducting a preliminary investigation as distinct from a regular investigation.
In view of the said law, it is observed that nonregistration of an FIR does not as a fact come in the way of making effective preliminary investigation. The procedure adopted is in no way against the law or discriminatory to the provisions of the Constitution. A comprehensive enquiry has been conducted in the matter and it has been found that this petition is a counterblast to some investigation being conducted by the police with regard to the FIR No. 60 dated 16.1.1994 about rape of some lady wherein brother of the petitioner was arrested; therefore, there is no need to ask the police authorities to register a case as requested by the petitioner. This petition stands disposed of accordingly. However, the petitioner is at liberty and if advised can file a formal complaint before the Chief Judicial Magistrate, Karnal, for disposal in accordance with law.