Petitioner sought transfer of investigation to CBI under Section 482 CrPC alleging improper conduct by local police. Court took note of state's affidavit indicating cancellation report will be filed within 15 days.
None; petition disposed without further interference as State assured filing of cancellation report.
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Crl. Misc. No. M-14649 of 2009 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-14649 of 2009 (O&M) Date of Decision : December 1, 2010
Pasha
........Petitioner
Versus
State of Haryana and others
.......Respondents
CORAM : HON'BLE MRS. JUSTICE SABINA
Present : Mr. Pankaj Middha, Advocate, for the petitioner.
Mr. Satyavir Singh Yadav, DAG, Haryana for respondents No.1,3 and 4.
Mr. S.S. Sandhu, Advocate, for CBI-respondent No.2.
Mr. Naveen Kaushik, Advocate, for respondents No.6 to 11.
SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for issuance of any direction or order to the respondent No.1 to hand over the investigation/prosecution in case FIR No.208 dated 23.12.2008, under Sections 302/324/148/149 of Indian Penal Code, registered at Police Station Pillukhera, District Jind to independent agency like C.B.I. i.e. respondent No.2 as respondents No.3 to 5 is not conducting the investigation in a fair manner.
Learned State counsel has placed on record an affidavit of Om Singh, Deputy Superintendent of Police, Headquarter, Jind wherein it
Crl. Misc. No. M-14649 of 2009 (O&M)
2
has been stated that initially investigation of the case was carried out by ASI Jug Singh and Sub-Inspector Daya Nand, the then Station House Officer, Police Station Pillukhera. Statements of witnesses were recorded during investigation and it transpired that Raju (deceased) was quarreling with his wife and was snatching the child from her. When Raju failed to snatch his child, he suddenly lost his mental balance and inflicted injuries upon himself with the knife. Ishwar, who was present at the spot, snatched knife from Raju. Thereafter, investigation was carried out by CIA Staff, Jind wherein petitioner submitted an affidavit before the Investigating Officer that Satbir and Kala had inflicted injuries on the person of his son Raju with intention to kill him. On 18.1.2009 Sandeep and Sunil @ Kala were arrested but nothing incriminating could be found against them. Lie Detector test was held against the said persons. As per the polygraph test report dated 29.6.2009 nothing incriminating came on record against Sandeep and Sunil @ Kala and they were held to be innocent during investigation.
Learned State counsel has submitted that now cancellation report has been prepared and the same will be submitted before the Area Magistrate within 15 days from today. In these circumstances, no further interference by this Court is called for as the petitioner would be at liberty to challenge the cancellation report by filing the protest petition if so advised.
Petition stands disposed of accordingly.
(SABINA) JUDGE
December 1, 2010 Anand
1 issue framed by the court
Whether the Court should transfer the investigation to CBI due to alleged lack of fairness by the local agency.
1 provisions across 1 enactments
Pasha
State of Haryana
CBI
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
