Criminal Misc. No.M-17936 of 2008 1
In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-17936 of 2008
Date of decision: 2.3.2009
Gurbax Singh
......Petitioner
Versus
State of Punjab and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Sandeep Arora, Advocate,
for the petitioner.
Mr.Aman Deep Singh Rai, AAG, Punjab
for respondent Nos. 1 to 4 and 6.
Mr.P.S.Brar, Advocate,
for respondent No.7.
Mr.R.S.Dhaliwal, Advocate for respondent No.8.
****
SABINA, J.
This petition has been filed by Gurbax Singh under
Section 482 of the Code of Criminal Procedure (“Cr.P.C. for short) for
entrustment of investigation of DDR No.32 dated 2.5.2006 registered
at Police Station Sadar Khanna to CBI with the direction for
expeditious and impartial investigation in the matter.
Pritpal Singh, son of the petitioner, was taken away by
Criminal Misc. No.M-17936 of 2008 2
Harjit Singh @ Lakha on 30.4.2006. Thereafter, Pritpal Singh did not
return home and his dead body was recovered on 2.5.2006. On the
basis of the statement of the petitioner, Daily Diary Report was
recorded on 2.5.2006 (Annexure P-5). The grievance of the petitioner
is that despite sufficient evidence, no FIR had been registered
against the culprits because respondent No.7 was a high ranking
police officer.
Learned counsel for the petitioner has submitted that all
the inquiries conducted by the various police authorities were merely
an eye wash and the investigation of the case be handed over to
Central Bureau of Investigation.
Learned State counsel, on the other hand, has submitted
that the petitioner had earlier filed a petition and the same was
disposed of with a direction that the investigation be conducted by an
officer of Crime Branch not below the rank of Deputy Superintendent
of Police. The said officer has also found that respondent Nos. 7 to
10 were innocent. Now the petitioner has filed a complaint and the
accused in the said case have been summoned to face the trial.
In CRM-M No.59688 of 2006, filed by the petitioner, a
direction was given to Additional Director General of Police (Crime)
Punjab to entrust the investigation of the case to an officer of Crime
Branch not below the rank of D.S.P. vide order dated 17.7.2007
(Annexure P-13). Thereafter, enquiry was entrusted to
Superintendent of Police of Special Investigation, Crime, Punjab ,
Criminal Misc. No.M-17936 of 2008 3
Chandigarh and he vide his report dated 28.12.2007 (Annexure P-
14) found that Pritpal Singh took liquor and poisonous substance to
commit suicide. No telephone call had been made by DSP
Kashmira Singh (respondent No.7) to the petitioner.
A perusal of the reply filed by the State reveals that
initially the matter was thoroughly investigated by Assistant Sub
Inspector, Chowki Kot, Police Station Sadar, Khanna and his report
in this regard is Annexure R-1. Thereafter, the matter was
investigated by DSP Khanna and his report in this regard is annexed
as Annexure R-2. The matter was again investigated by
Superintendent of Police (D) Khanna and his report is Annexure R-3.
It was found that the son of the petitioner had not been murdered as
alleged by him. Thereafter, on the basis of the order of this Court,
investigation was done by Superintendent of Police of Special
Investigation, Crime, Punjab , Chandigarh. He also found that the
allegations levelled by the petitioner were false.
Admittedly, the petitioner has filed a private complaint
and the accused have been summoned in the said complaint case.
Since the Magistrate is seized of the matter, no interference by this
Court is called for to direct CBI to investigate the matter.
Accordingly, this petition is dismissed.
(SABINA)
JUDGE
March 02, 2009
anita