Criminal Misc. No. M- 32066 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 32066 of 2009 Date of decision:- 17.3.2011 Gurdial Singh and another ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioners. Mr. Guninder S. Brar, AAG Punjab for respondent Nos.1 to 5. RITU BAHRI J.(Oral) This petition under Section 482 Cr.P.C. is for handing over the investigation in Rapat No.12 dated 09.1.2009 at Police Station Dharamkot with regard to the death of Sohan Singh son of the petitioners to some independent agency. DDR No.12 dated 09.1.2009 had been recorded on the statement of Sukhdev Singh son of Gurdial Singh in relation to the accident of Sohan Singh son of the petitioners. Brief facts of the case are that on 07.1.2009 at 6.30 PM son of the petitioners met with an accident. The person, who was on the scooter, got fractured on his leg. It is alleged that respondent Nos.6 to 9 were coming behind their son on their motor cycle and they struck their motor-cycle against the head of their son by taking the benefit of the accident and took away Rs.20,000/- and mobile phone of their son. On 27.2.2009 this information was given to the SHO Police Station Dharamkot. Thereafter, the petitioners sent a Criminal Misc. No. M- 32066 of 2009 -2- letter dated 21.4.2009 (Annexure P-2) to the Senior Superintendent of Police, Moga for re-enquiring the matter with regard to death of their son. When no action was taken on this application, then a letter dated 01.6.2009 was written to the Senior Superintendent of Police, Moga regarding re-enquiring the matter. When no action was taken on this letter, then petitioners wrote a letter to the Deputy Commissioner, Jalandhar on 14.7.2009 in the above context. The petitioners also moved to the Punjab State Human Rights Commission for taking the action against the accused for killing their son. The Punjab State Human Rights Commission was informed by the Senior Superintendent of Police, Moga that on an inquiry conducted by the Deputy Superintendent of Police, Dharamkot as per letter dated 21.7.2009 no action was required to be taken. The petitioners have approached this Court under Section 482 Cr.P.C. for directing the official respondents to hand over the investigation to some independent agency. On notice of this petition, reply was filed by the Deputy Superintendent of Police, Dharamkot (Moga) dated29.7.2010. It has been stated that after recording of DDR, statement of Sukhdev Singh son of Gurdial Singh had been recorded under Section 174 Cr.P.C. (Annexure R-1) and inquest report was also prepared and statements of Pritam Kaur and Mukhtiar Singh were recorded as Annexures R-2 and R-3. As per statements, nobody was involved in the accident and they do not want to take action against anybody. The allegations in the petition are that Sohan Singh was killed by respondent Nos.6 to 9. Further investigation under Section 174 Cr.P.C. was conducted by the SHO Inspector Swaran Singh, Police Station Dharamkot on 26.7.2010. In this investigation Pritam Kaur mother of the deceased Sohan Singh, Mukhtiar Singh the son of sister of the mother of the deceased and respectables of the village were involved. Respondent Nos.6 to 9 were also joined in the Criminal Misc. No. M- 32066 of 2009 -3- investigation. After recording statements of respectables of the village, it was found that there was no hand of any person in the death of Sohan Singh who died suddenly due to injuries received in the accident. The report of the inquiry dated 26.7.2010 regarding the investigation conducted under Section 174 Cr.P.C. is Annexure R-4. This report has been duly accepted by the Deputy Superintendent of Police as per the written statement. In view of the facts, no further orders are required to be passed in this case. Criminal Miscellaneous Petition is disposed of. March 17, 2011 ( RITU BAHRI ) Vijay Asija JUDGE