JUDGMENT Mr. Kanwaljit Singh Ahluwalia, J.: (Oral) - A grievance has been made in the present petition that respondents No.6 and 7 posted as Sub Inspector and Constable respectively at Police Station Jaito, District Faridkot, had unlawfully picked up son of the petitioner on 11th September, 2011. They had given him merciless beatings, which resulted into fracture of his right forearm. Subsequently, to save themselves, they had falsely implicated the son of the petitioner in a case FIR No.81 dated 11.09.2011 registered at Police Station Jaito under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It is alleged that the police have concocted a case and have shown recovery of ten bottles of REXCOF syrup and 100 gms of intoxicant powder from the son of petitioner. 2. In the present case, a prayer has been made that respondents No.2 and 3 i.e. Director General of Police, Punjab and Senior Superintendent of Police, Faridkot should be directed to register a case against respondents No.5 to 8 for having committed a cognizable offence for causing fracture of the forearm of son of the petitioner, when he was allegedly in custody of the police. It is stated that the police officials i.e. respondents No.5 to 7 acted at the behest of respondent No.8, who is a private person and with whom earlier the petitioner was in litigation. 3. State has filed reply on behalf of respondents No.1 to 4. The same is taken on record. Even though notice was issued to respondents No.5 to 8, since they are proposed to be arrayed as accused, their presence is not necessary. It has been held by the Court that before registration of a case, the accused is not required to be heard. Hence, taking into consideration the allegations levelled in this petition and the reply thereto, this Court shall proceed to decide the case. 4. Whether the son of the petitioner, being an accused, was rightly arrested in a case under the NDPS Act or was caused injury during interrogation; is a disputed question of fact which cannot be determined in a petition under Section 482 Cr.P.C. The police officials can rightly claim a defence that even if an injury has been caused the same has been caused while they were purportedly acting in discharge of their duty. The right forum to decide truthfulness and genuineness of the version given by the petitioner is not this Court. 5. From the facts of this case, it emerges that that Area Judicial Magistrate, under Section 190(1)(c) Cr.P.C., is competent to redress the grievance of the petitioner. 6. File of the present case be sent to the Area Judicial Magistrate First Class who shall form an opinion whether to proceed in the present case under Section 156(3) Cr.P.C. or 190(1)(c) Cr.P.C. 7. Section 190(1)(a) of the Code of Criminal Procedure vests power in the Magistrate to proceed in accordance with law when such complaint has been received and also Section 190(1)(c) to proceed when any information has been received from any person other than a police officer or upon his own knowledge that such offence has been committed. 8. Section 156(3) of the Code of Criminal Procedure empowers any Magistrate to order investigation as has been envisaged under Section 156 Cr.P.C. 9. Section 2(g) of Cr.P.C. defines inquiry as under: ‘“inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate of Court.’ Furthermore, Section 2(h) defines investigation, which also reads as under: ‘“investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.’ 10. After this file is received by the Judicial Magistrate (1st Class), he shall formulate his own opinion in this case to find out whether any offence has been committed and inquiry is to be conducted or an investigation is called for. 11. The Code of Criminal Procedure vests ample powers in the Area Judicial Magistrate (1st Class) to redress the grievances of the petitioner. 12. With the observations made above, present petition is disposed of. ----------------