Bimla vs State Of Haryana And Others on 10 August, 2009

Civil Writ Petition No.4882 of 2009                               -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                              Civil Writ Petition No.4882 of 2009
                              Decided on : 10-08-2009



Bimla
                                                        .... Petitioner

                         VERSUS

State of Haryana and others

                                                     .... Respondents

CORAM:- HON’BLE MR. JUSTICE JASBIR SINGH.

Present:-    Mr. KDS Hooda, Advocate,
             for the petitioner.

Mr. Sanjiv Kaushik, Addl. A.G., Haryana,
for the respondents.

JASBIR SINGH, J (Oral).

This writ petition has been filed with a prayer to issue

directions to respondent Nos. 1 and 2 to hand over the

investigations in F.I.R. No.136 dated 19.5.2007, registered under

Section 302/34/460 IPC, at Police Station Palam Vihar Gurgaon, to

the C.B.I.

Upon notice, reply has been filed. In paragraphs 2 & 3 of

the reply, filed by respondent Nos.1 to 4, it has been mentioned as

under:-

“It is submitted that previously the investigation of
case F.I.R. No.136 dated 19.5.2007, under Section
Civil Writ Petition No.4882 of 2009 -2-

302/460 IPC, PS Palam Vihar, Gurgaon was previously
conducted by SHO PS Palam Vihar, CIA-1st and CIA 2nd
Gurgaon fairly diligently and during investigation the
accused Lallan Dass was found to be the accused who
committed the offence.

It is further submitted that after conducting the
investigation the challan of the case has been filed in
the court of Illaka Magistrate, Gurgaon and the now
trial is pending in the court of Sh. B.L. Singhal Addl.
Session Judge, Fast Trace court and is fixed on
18.5.2009 for Prosecution Witnesses. The charged has
already been framed against the accused Lallan during
the course of trial.

Thereafter, the investigation of the case was also
conducted under the supervision of Sh. Maharaj Singh
HPS, the then Superintendent of Police, Faridabad
(Rural) at Patwal. The investigation of the case has
also been conducted by the CIA-III Sohna under the
supervision of Sh. Inder Singh Saini HPS DCP South
Gurgaon. Now the investigation of the case has been
transferred by the Commissioner of Police, Gurgaon
from CIA-III Sohna to Crime Branch Gurgaon and the
DCP Crime has entrusted the investigation to Inspector
Veer Singh CIA-1st Sector-46, Gurgaon and the
investigation is being conducted by him. During the
investigation conducted till now none other than Lallan
Dass has been found to be involved in the offence.

3. That as per directions of the Hon’ble High Court
vide order dated 18.11.2008 the representation made
by the petitioner has been decided by the
Commissioner of Police, Gurgaon vide order Endst.
No.10946-500/CC dated 18.4.2009 after getting the
matter enquired through DCP Crime, Gurgaon. The
copy of the same is annexed as R-1. Thus the plea
Civil Writ Petition No.4882 of 2009 -3-

taken by the petitioner that no enquiry has been
conducted so far is vague. During the course of
enquiry none of the allegations leveled by the
petitioner in her representation have been found to be
true. However, three separate copies of original will
and casual leave application having the signatures of
deceased Saroj Bala were sent to FSL Madhuban for
comparing the signatures. The result dated 28.4.2009
of the same has been received and as per result
admitted signature of Saroj Bala and her Questioned
signature on will has been found same.”

Perusal of paper book indicates that after death of the

son and other relatives of the petitioner, property dispute has arisen

between the parties, because daughter-in-law of the petitioner had

executed a Will in favour of her brother. It is also apparent from the

record that till such time, the Will was not disclosed, no suspicion

was raised against brother of the deceased, in whose favour Will

was executed. Otherwise also, it is clear that the investigation was

conducted by several officer and nothing was found against

respondent No.5 as alleged by the petitioner. It is an admitted fact

that signatures of daughter-in-law of the petitioner on the Will were

found to be genuine by the FSL Madhuban. It is a fact that earlier

also, the petitioner filed a writ petition for similar relief, however, that

writ petition was got dismissed as withdrawn.

In view of above facts, this writ petition is dismissed.

10th August, 2009.                                 (JASBIR SINGH)
Monika                                                 JUDGE