Criminal Misc. No.M-21883 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-21883 of 2010 (O&M) Date of decision: 2.8.2010 Dalbir Singh ......Petitioner Versus Union of India and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.B.S.Chahar, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure with a prayer that directions may kindly be issued to the respondents to refer the investigation of the case FIR No. 166 dated 21.4.2010 to the CBI. Further prayer is for registration of FIR against respondent No.2 and their subordinate corrupt police officials for involving the petitioner into false cases. The contents of the FIR (Annexure P-1/ T) read as under:- “ Statement of Karan Singh son of Tek Ram caste Balmiki r/o Village Mirachpur aged 57 years P.S. Narnaund Distt. Hisar, stated that I am resident of aforesaid address and is contractor of fishing and at present is member of Block Samiti, Narnaud. On 19.4.10 Criminal Misc. No.M-21883 of 2010 (O&M) 2 at about 8/8:30 P.M, I was present in courtyard in front of Chaubara of my house. My pet bitch was sitting on Chabutra in front of my house. At that time Rajender son of Pali Ram, Sonu s/o Pappu, Monu son of Suresh, Rishi son of Satbir caste Jat resident of Village alongwith 10-15 boys came their from water tank side, they all were drunken. When all of them passed in front of our house my pet bitch sitting on my Chabutara barked on them from distance. Rajender son of Pali threw a brick on my pet. My brother's son Yogesh asked them not to hit the brick on the bitch. Rajender and the boys accompanying with him grappled with Yogesh, I came down and pacify all of them and sent them, after some time all of the aforesaid boys were standing near the house of Rajender at that time Ajit Jat who is employee in police came to me his house is toward our locality he stated that all the boys are standing in the street in front of house of Rajender, you should go before them and beg pardon from all of them, otherwise much loss will occur. I alongwith Vir Bhan son of Mann Singh Balmiki of the Village immediately went to Rajender son of Pali Ram and all other boys to beg pardon, when we reached near them none of them care for begging of pardon to us. They all attacked on us by preplanned method. I and Vir Bhan Criminal Misc. No.M-21883 of 2010 (O&M) 3 were injured, I immediately took Vir Bhan badly injured first to Civil Hospital Narnaud and then to Civil Hospital, Hisar. In civil Hospital Hisar vomiting of Vir Bhan was not stopped due to injuries, so I got Vir Bhan admitted in Jindal Hospital Hisar, due to hidden injuries I did not get myself medically examined. Due to bad environment in the village causing this quarrel and got Vir Bhan discharged and took him to the village. Yesterday, evening when coming back from Hisar I told SHO, P.S. Narnaud in Police Station about tension of the village at that time 5/7 Police Officials of P.S.Narnaud came to my village alongwith me, they pacify the other party in the night itself, the village. Today on 21.4.2010 at about 10/11.00 A.M. I enquired about the health of Vir Bhan came into the street, Ajmer son of Balbir, Sajna son of Ram Sarup, Karambir son of Balbir and 5-7 other persons of our locality. After inquiring about the health of Vir Bhan came in the street and saw that Rajender son of Pali, Rishi son of Ram Mehar, Rupesh son of Tek Ram, Monu and Vikas sons of Suresh, Rajpal son of Sheo Chand, Ella son of Mai Chand, Sumeet and Amit sons of Satyawan, Ramesh son of Karan Singh, Soni s/o Jaibir, Sonu son of Pappu, Pawan son of Ram Mehar, Vipan son of Partap Jasbir son of Ishwar, Mahesha son of Dalip, Criminal Misc. No.M-21883 of 2010 (O&M) 4 Pali's wife, Dilbagh's wife who is driver of Roadways, Kapura son of Ram Singh's wife, Pappu son of Hari Singh's wife, Rajender son of Sandhu, Babbal @ Langra son of Tekka, Joginder @ Joggar son of Inder Singh, Ghaggar son of Tara Chand, Dharambir son of Tara Chand, Suresh son of Balbir, Bhoti w/o Ghaggar, Bharpai w/o Kapura, Ramphal son of Pirthi, Sunil son of Daya Nand, Baljit son of Inder, Nanha son of Mai Chand, Karampal son of Satbir, Mandeep son of Prema, Hathi son of Baru Ram, Kuldeep and Jaibir sons of Balbir, Rajender son of Belu Ram, Dhupa son of Manga, Daya son of Jit Singh all Jats residents of the village and 300- 400 members men women and young boys in a preplanned and conspiracy came to our Balmiki Mohalla raising lalkara and saying that burn the houses of all these Balmikis and burn their children alive in their house and demolished their houses and finish them from the village. All of them were armed with Jellies, Lathis, Dandas, bottle of Petrol and Kerosene Oil. All of them in our presence surrounded our Balmiki locality and put the houses of the locality on fire. They attacked me to kill. Aforesaid all men and women entered into our house and put the domestic articles, furniture, clothes bedding on fire after sprinkling the oil. They did not care that their Criminal Misc. No.M-21883 of 2010 (O&M) 5 children and men may be inside the houses, in our presence aforesaid persons put the houses and shops of aforesaid Tara Chand son of Sarup Singh, Kamla wife of Tara Chand, Dilbagh son of Sube Singh, Satyawan son of Bhalle Ram, Manoj son of Mahender, Rajender son of Mahender, Sanjay son of Bani Singh, Aman son of Surta, Gulaba Chowkidar, Sanjay son of Pal, Chander son of Laxman, Ramphal son of Rajmal, Pala son of Bir Singh, Dhoopa son of Rattnu on fire and they also sprinkled oil on many houses and shops of the locality of Balmiki in the village and they also demolished the roofs of the houses and walls of the houses by spade etc. these aforesaid persons took Tara Chand son of Sarup Singh and his daughter Sumar sat on fire inside of the house and both finished their life. Suman expired on the spot due to fire inside the house many other received injuries in the killing attack. Aforesaid accused persons after forcibly entering into our houses robbed the cash & Jewellary and other valuable articles from our boxes and Almirah, all these accused persons after hatching a conspiracy in a preplanned manner surrounded our Balmiki locality and after sprinkling the oil put our houses of the locality on fire and killed Tara Chand and his daughter by putting them on fire in their houses due to Criminal Misc. No.M-21883 of 2010 (O&M) 6 small incident of barking of bitch on them. They destroyed the houses of Balmiki locality without any reason.” After hearing learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. The FIR in question is being investigated by the local police. The apprehension of the petitioner that the matter is not being investigated properly appears to be mis-founded. At this stage. no ground for interference by this Court is made out. Dismissed. (SABINA) JUDGE August 02, 2010 anita