The court rejected the petitioners' plea for direction on investigation under Section 482 Cr.P.C., holding that without material showing unfair investigation, the court cannot direct specific investigative measures when police report states no leads found.
No further directions for investigation were granted; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No. M-1510 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-1510 of 2011 (O&M) Decided on : 19-09-2011
Jai Singh and others
....Petitioners
VERSUS
State of Haryana and another
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:Mr. Rajesh Lamba, Advocate for the petitioners
Mr.Sandeep Mann, Sr. DAG, Haryana
MAHESH GROVER, J
Status report has been filed in the Court today and the same is taken on record.
This is a petition under Section 482 Cr.P.C whereby appropriate directions have been prayed for to investigate the allegations emanating from FIR no. 246 dated 11.11.2008 registered under Section 304B/34 IPC. The petitioners are the family members belonging to the in laws of the deceased who is said to have died of a gun shot and they are being harassed unnecessarily and the allegations of Section 304 B IPC are not made out against them.
The respondents have filed three different sets of replies. Initially in the reply which was filed it was stated that the offence under Section 304 B IPC has been deleted and the offence under Section 302 IPC has been introduced and that pursuant to the investigation Jai Singh and Udaibir Singh petitioners no. 1 and 2 were put to lie detection test in FSL,
Crl. Misc. No. M-1510 of 2011 (O&M) 2
Madhuban and the report came to be negative and these petitioners were then required for Narco test, Gurgaon. They were sent to Gurgaon but declared unfit for Narco test. Polygraph test was conducted on Goma and Kavita on 14.2.2011 but nothing incriminating could come out and neither could the police find out any clue regarding the murder of the deceased. It was stated in the reply filed on 12.5.2011 that the investigation is still in progress.
The Court was dis-satisfied with the response and now the status report has been submitted that the police has been unable to crack the case and eventually has decided to file an untraced report for which appropriate proceedings have been initiated. According to the FIR the marriage of the deceased with Udaibir Singh was performed in 1998 and the occurrence is of November, 2008 implying thereby that the death had taken place after the expiry of period of 7 years of the marriage which prima facie suggests that the presumption of law could not be held against the accused persons named in the FIR. The police has therefore registered a case against said accused persons under Section 302 IPC but has been unable to find out the culprits.
There is nothing on record to suggest that the investigation has been unfair.
The Court in the exercise of its power under Section 482 Cr.P.c can interfere only if there is inferential material to suggest that the investigation has been unfair. At the same time the Court in its exercise of extraordinary power cannot direct the investigation to be conducted in a particular way.
Having regard to the aforesaid when the respondents have
Crl. Misc. No. M-1510 of 2011 (O&M) 3
stated that they have not been able to find any clues, the instant petition does not warrant any further directions. However, this order shall not be construed to be prejudicing the rights of the complainant who may have recourse to an appropriate remedy to agitate the matter by taking recourse to any remedy that may be available to them under the law. In case the complainants are equipped with certain material which can belie the observations made by this Court in the instant order, the same shall be construed dispassionately without being influenced by the instant observations.
Petition stands disposed of.
September 19, 2011 rekha
(Mahesh Grover) Judge
3 issues framed by the court
Whether the High Court should exercise its powers under Section 482 Cr.P.C. to direct further investigation when the police report alleges no clues found after 8 years of marriage.
Whether the delay of 7 years between marriage and death precludes the presumption of law under Section 304B IPC against the accused.
Whether unavailability of clues justifies disposal of a criminal miscellaneous petition for investigation directions.
3 provisions across 2 enactments
Jai Singh and others
State of Haryana
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
